Minutes
Lane Cove Local Planning Panel Meeting
5 July 2023
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Minutes
Lane Cove Local Planning Panel Meeting
5 July 2023
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Lane Cove Local Planning Panel 5 July 2023
Minutes
PRESENT: Mr Mark Gifford, Chairman, Mr David Ryan, Planning Expert, Ms Susan Hobley, Environmental Expert, Mr David Risbey, Community Representative
ALSO PRESENT: Mr Rajiv Shankar, Manager Development Assessment, Mr Greg Samardzic, Senior Town Planner, Mr Andrew Thomas, Town Planner, Ms Angela Panich, Panel Secretary
DECLARATIONS OF INTEREST: Nil
Apologies
Nil
Lane Cove Local Planning Panel Reports
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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 5 July 2023, exercising the functions of Council as the consent authority, grants consent to Development Application 39/2023 for extension to an existing shade cloth and associated works – Longueville Sporting Club at 243 Longueville Road, Longueville, subject to the following conditions:
PART A – GENERAL CONDITIONS
1. A.1 - Approved plans and supporting documentation Development must be carried out in accordance with the following approved plans and supporting documentation (stamped by Council), except where the conditions of this consent expressly require otherwise.
In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. In the event of any inconsistency between the approved plans and any condition(s) of this consent, the condition(s) prevails. Note: An inconsistency occurs between an approved plan and supporting documentation or between an approved plan and a condition when it is not possible to comply with both at the relevant time.
Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
2. A.3 - Payment of security deposits (if applicable) Before the commencement of any 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:
A $4000.00 cash bond or bank guarantee shall be lodged with Council to cover any infrastructure damage.
The payments will be used for the cost of: · making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates, · completing any public work such as roadwork, kerbing and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent, and
Reason: To ensure any damage to public infrastructure is rectified and public works can be completed.
3. A.7.L Tree preservation and approved landscaping works All landscape works shall be undertaken in accordance with the approved landscape plan, a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.
The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW).
The maximum penalty that may be imposed in respect to any such offence is $1,100,000 per individual and $5, 500,000 per corporation.
The following trees shall be retained:
Tree No 1 is defined as the existing Cherry Alder shown as being retained on Landscaping Plan A.06.
This consent gives approval to carry out the following works in Tree Protection Zones:
No Trees are to be removed as part of this consent. Reason: To ensure the protection of trees to be retained and to confirm trees removed for pruning/removal.
4. 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.
Reason: Statutory requirement.
5. Shade structure material The shade structure, including the sails, shall be constructed from a non-combustible material.
Reason: To mitigate fire risk.
PART B – PRIOR TO DEMOLITION WORKS
6. 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 EP&A Regulation 2021.
7. 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 No 1 shall be protected in accordance with AS 4970-2009 protection of trees on development sites. A Tree Management Plan shall be prepared by an AQF5 qualified Arborist.
Unless otherwise specified by the Project Arborist, trees will be protected in accordance with the following:
Tree Protection Fencing must be installed so that it is offset a minimum 2m from the trunk of T1 to protect the root system and the trunk of the tree.
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.’ The 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
Any works requiring 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.
PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE
8. C.1 – Construction site management plan Prior to any 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 of the site b) location and materials for protective fencing and hoardings to the perimeter on the site. c) provisions for public safety d) pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’ e) pedestrian and vehicular site access points and construction activity zones f) location of site storage areas and sheds g) equipment used to carry out all work h) a garbage container with a tight-fitting lid
i) protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites
The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.
Council Approvals · Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval. · Any construction plant on the public road reservation requires an approved “Application for standing plant permit”
Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.
9. 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.
10. C.24.E - Structural engineer’s details The shade cloth is to be affixed in accordance with professional engineer’s specifications with details included on the construction certificate documentation.
Reason: To ensure the structural integrity of the extended shade cloth.
PART D – BEFORE THE COMMENCEMENT OF BUILDING WORK (INCLUDING DEMOLITION)
11. 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.
12. 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.
Reason: To retain and protect trees on the site.
13. 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
14. 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 7am to 4.00pm Sunday and public holidays No works permitted
With NO high noise generating activities to be undertaken after 12 Noon on Saturday.
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.
15. E.2 - Compliance with the Building Code of Australia All works must comply with the requirements of the Building Code of Australia.
16. 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 condition 7(B14). This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.
Reason: To protect trees during demolition works.
17. E.25 – 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.
18. E.26 – Tree Pruning
No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 The Protection of trees and 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
Council grants consent for the pruning of Tree No #1 Syzygium leuhmannii at the front of the property. Pruning is to consist of the following:
Selective prune of 2nd and 3rd order branches to achieve adequate branch clearance for the newly erected shade structure. Final cuts <60mm diameter at branch junctions with 10% live foliage to be removed
All pruning works must be done in accordance with AS4373-2007 The Pruning of Amenity Trees. All branches must be pruned to branch collars to the specified branch diameters listed above.
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 construction clearances whilst maintaining health and aesthetic of tree.
19. 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.
20. E.20.EH – Stockpiles Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.
Reason: To mitigate adverse environmental impacts on the surrounding area.
PART F – BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE
21. F.1 – Structural Engineer Certification Before the issue of the relevant occupation certificate, the applicant must submit, to the satisfaction of the principal certifier, a compliance certificate that the proposed shade structure has been constructed in accordance with the professional structural engineer’s specifications.
Reason: To ensure the structural integrity of the works to the public community facility.
22. F.7 - Completion of landscape and tree works Before the issue of an occupation certificate, the principal certifier must be satisfied that all landscape works (paving), including protection of the Cherry Alder tree, have been completed in accordance with the approved plans and any relevant conditions of this consent.
Reason: To ensure the approved landscaping works and tree protection in accordance with this consent.
23. F.13.EH – Tree Replacement Prior to the issue of an Occupation Certificate a minimum of two (2) locally indigenous canopy trees, at 25L pot size, shall be planted along the Longueville Road frontage of the site, in a suitable location.
Reason: To replace lost vegetation and a reduction in permeable area.
Panel Reasons
The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report with conditions as amended by the Panel.
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The decision of the Panel was unanimous. |
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That pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel, at its meeting of 5 July 2023, exercising the functions of Council as the consent authority, grants development consent to Development Application 25/23 for the re-subdivision (boundary adjustment) of two existing Torrens tile lots into two equal-sized Torrens title lots involving Lot 5, DP 5795 and Lot 1, DP 1093439 and known as 5 Mary Street, Longueville, subject to the following conditions:
1. A.1 - Approved plan
Development must be carried out in accordance with the following approved plan (stamped by Council).
Reason: To ensure all parties are aware of the approved plan that applies to the development.
2. G.1.B - Sydney Water requirements
A section 73 certificate is to be obtained for subdivision that requires servicing of sewer and water.
Reason: Sydney Water requirement.
3. G.6 - Linen Plan of Subdivision
A Linen Plan of Subdivision, plus five copies, is to be submitted to Council prior to the release of the Subdivision Certificate.
The Linen Plan of Subdivision is to be suitable for endorsement by Council’s General Manager pursuant to Section 377 of the Local Government Act and shall properly reflect the requirements of the conditions of this development consent and the approved plan that is part of it.
Reason: Statutory requirement.
4. G.7 - Subdivision certificate
The Subdivision Certificate will only be released by Council upon satisfactory compliance with the requirements of conditions 1 - 3 and subject to the Subdivision Certificate being substantially in accordance with the approved plan of subdivision addressed in condition 1.
Reason: To ensure the subdivision certificate is in accordance with the approved plan of subdivision.
Panel Reasons
The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report. The Panel acknowledges the concerns and objections raised by the commenters and has given them serious consideration. However, the proposal before us is only for a boundary adjustment of the 2 existing lots and the subject site is capable of suitable development.
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The decision of the Panel was unanimous. |
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The meeting closed at 5.20pm.
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