General Manager

Property:

47 Burns Bay Road, Lane Cove

DA No:

85/2023

Date Lodged:

17/07/2023

Cost of Work:

$150,000

Owner:

Lane Cove Council

Applicant:                       

Ms Jane Gornall 

Description of the proposal to appear on determination

Change of use to a community facility comprised of two (2) libraries and a Men’s Shed including construction of the Men’s Shed.

Zone

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

Stop the Clock used

No

Notification

Neighbours                           

Ward Councillors                  

Progress Association            

Property

Lot No.           51                                        DP No. 10155

Area

743.25m²

Site location

47 Burns Bay Road, Lane Cove

Existing improvements

The site is developed with a single storey brick residence and driveway adjacent the eastern side boundary which connects to at an-grade car parking area for four (4) cars including one (1) accessible space at the rear. A covered timber deck with storage lockers adjacent to the western boundary connects the building to a sheltered area at the rear. The site is currently vacant but was previously used as a pre-school. Disabled ramp access is provided from Burns Bay Road to the front of the building. A landscaped garden bed runs along the rear boundary and part of the western rear boundary. The site comprises four large canopy trees including two palms adjacent to the rear boundary and one (1) large tree within the front setback.

Shape

Rectangular    ü                                        Irregular

Dimensions

Width        15.24m                                     Depth      48.765m                    

Adjoining properties

North (rear): Rear of 12 Finlayson Street which is developed with a single-storey dwelling house.

South (front): Burns Bay Road and two-storey commercial building (‘Harris Farm’) opposite the site. 

East: Two-storey commercial building with basement parking.

West: Two-storey residential flat building                                      

DA315/2008

Conversion of Police Station to a pre-school.

This application seeks consent for the following:

·    Change of use from a pre-school to ‘community facilities’ comprised of two (2) community libraries and a ‘Men’s Shed’ (refer Note below).

·    The conversion, occupation and fit-out of the existing building as a shared space with a “Sydney Library of Things”, “Toy Library” and some Men’s Shed facilities.

·    No demolition of internal walls or changes to the building exterior or existing window/door openings is proposed.

·    Demolition of the rear timber connection and associated structures and construction of a single-storey Men’s Shed (136m²) at the rear of the site. The shed will be constructed on an existing concrete area.

·    Removal of two (2) on-site car parking spaces and total number of two (2) spaces.

·    Operation hours as follows:

·    Replacement of the existing signage structure with Council’s standard brown community information sign of irregular shape and size of approximately 2m².

Note:

·    The Lane Cove Men’s Shed was founded in 1996.

·    A Men’s Shed is a community facility where men, often retired, can share a wide range of tools, pursue interests and hobbies. 

Figure 9          Proposed site plan.

Figure 10        Proposed internal fit-out of the existing building for the purpose of the two (2) libraries.

Figure 11:       Proposed front (street) elevation.

Figure 12:       Proposed eastern elevation.

Figure 13:       Proposed rear elevation. The Men’s Shed is setback 3.025m from the rear boundary.

RECOMMENDATION

That ppursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 15 August 2023, exercising the functions of Council as the consent authority, grant 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.2 - Design amendments

Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council:

1)   The proposal shall be amended to provide only one (1) accessible car parking space that has been designed in accordance with AS2890.6-2009.

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

2.         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.

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:

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.

4.         A.7.L   Tree preservation

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

a)   cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or

b)   lop or otherwise remove a substantial part of the vegetation.

The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW).

No Trees are to be removed as part of this consent. The existing canopy trees on the site (2 palms at the rear and one tree in the front setback) and Council Street tree are to be retained and protected in accordance with AS4970-2009 Protection of trees on development sites.  

Reason: To ensure the protection of trees to be retained.

5.         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.    

6.         A.9.T   Works on Council land

Separate application shall be made to Council’s Urban and Services Division if there is any associated work 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.

PART B – PRIOR TO DEMOLITION WORKS

7.         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.

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

-           Details of hazardous materials (including asbestos).

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

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

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

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

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

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

-           Date the demolition works will commence.

Reason: To ensure health and safety.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

9.         C.1 – Construction site management plan

Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and  approved by the certifier. The plan must include the following matters:

·    location and materials for protective fencing and hoardings to the perimeter on the site.

·    provisions for public safety

·    pedestrian 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’.

·    Tree protection measures in accordance with AS4970-2009 for the canopy trees on the site (2 palms at the rear and one tree in the front setback) and Council Street tree. 

·    pedestrian and vehicular site access points and construction activity zones

·    location of site storage areas and sheds

·    equipment used to carry out all work.

·    a garbage container with a tight-fitting lid

·    protection measures of existing Council pipe system, trees and street assets.

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

Council Approvals

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

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

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

10.       C.2 - Erosion and sediment control plan

Prior to any works (including demolition) 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.

11.       C.7 - Car parking details

1.   One (1) accessible car parking space shall be provided in accordance with AS2890.6-2009.

2.   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, demonstrating compliance with the relevant parts of AS 2890 Parking Facilities: Off- Street Carparking.

Reason: To ensure parking facilities are designed in accordance with the Australian Standard.

12.       Waste Management

The construction certificate drawings shall detail compliance with the requirements of Part Q of Lane Cove DCP 2010 for all waste and recycling, and bulky waste storage.

Bins shall be located at the rear and shall not be visible from the public domain. Bins shall be presented for kerbside collection and returned to their location at the rear following servicing by Councils regular waste management service. 

Reason: To comply with Council car parking requirements.

13.       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.

14.       C.22.B - Accessibility requirements

The construction certificate drawings shall detail compliance with:

a)   Disability (Access to premises – buildings) standards 2010 including AS1428.1-2009: Design for access and mobility

b)   Building Code of Australia

c)   Recommendations contained in the approved Access Compliance Report prepared by DPC (Report J4586), dated 17/07/2023.

Additional requirements:

·    An access performance solution rationalizing the design of the external access paths is to be provided with the application for a Construction Certificate.

·    Details of any trial design requirements from the access performance solution are to be provided with the application for the Construction Certificate.

·    The Construction Certificate plans, and documentation shall demonstrate compliance with. All continuous paths of travel shall be accessible and comply with AS1428.1-2009.

Reason: To ensure equitable access and compliance with statutory requirements.

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

The Construction Certificate drawings shall demonstrate compliance with the recommendations contained in Section 6 of the Acoustic Report, prepared by Renzo Tonin & Associates, Revision 1 dated 29 June 2023, as follows:

The Report is to include details of the specified AC plant, toilet exhaust 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.

16.       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 (where relevant):

·    underpinning

·    retaining walls

·    footings

·    reinforced concrete work

·    structural steelwork

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

Reason: To ensure structural adequacy.

PART D – BEFORE THE COMMENCEMENT OF BUILDING WORK (INCLUDING DEMOLITION)

17.       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.

18.       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 retail and protect trees on the site.

19.       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.

a)        

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

20.       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 amenities of the surrounding area.

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

All works must comply with the requirements of the Building Code of Australia.

22.       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

23.       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, and the relevant requirements of AS 4970-2009 Protection of trees on development sites. This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.

Reason: To protect trees during demolition works.

24.       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.

25.       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.

26.       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.

27.       E.17.E – Heavy vehicle requirements

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

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

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

Reason: To protect the environment.

28.       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.

29.       E.19.B – Encroachments

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

·    The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council.

·    No encroachment is to occur into public open space.

Reason: To ensure works are contained wholly within the subject site

30.       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.

31.       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

32.       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:

·    The stormwater from any new and existing roof/impervious area can be connected to existing drainage system. In this case, a hydraulic engineer’s certificate is required that the existing drainage system is in good working condition and satisfies Part O of Council stormwater DCP for proposed addition of stormwater.

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

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

The principal certifier must provide a copy of the plans to Council with the Occupation certificate.

Reason: To confirm that the proposed works have been constructed satisfactorily as per approved plans

33.       F.5 - Repair of infrastructure

Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

Note: If the council is not satisfied, the whole or part of the bond submitted will be used to cover the rectification work.

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

34.       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 or satisfactorily stored.

35.       F.13.EH - Outdoor lighting

Outdoor lighting shall comply with Australian Standard AS 4282-1997 – Control of the obtrusive effects of outdoor lighting.

Reason: To mitigate any adverse glare impacts and promote safety and security.

PART H – OCCUPATION AND ONGOING USE

36.       Hours of Operation of Community Facilities 

The hours of operation are limited to the following:

Reason: To mitigate adverse amenity impacts upon the Local Centre

Property:

54 Kallaroo Road, Riverview

Lot 115 DP 16472

DA No:

DA66/2023

Date Lodged:

21 June 2023

Cost of Work:

$129,500.00

Owner:

Mr Julian Frecklington

Applicant:                       

Mrs Philippa Frecklington

Description of proposal to appear on determination

Alterations and additions to a dwelling house

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

Yes, the site adjoins a bushland reserve adjacent to Tambourine Bay.

BCA Classification

Class 1a and 10b

Stop the Clock used

No

Notification

Notified in accordance with the Community Participation Plan and nil submissions were received.

Property

Lot 115 DP 16472

Area

791m²

Site location

The site is located on the southern side of Kallaroo Road.

Existing improvements

Dwelling house

Shape

Irregular

Dimensions

Northern (Front) Boundary: 15.24m

Western (Side) Boundary: 57.895m

Eastern (Side) Boundary: 52.115m

Southern (Rear) Boundary: Non-linear

Adjoining properties

Nos. 50 and 54 Kallaroo Road.

Date

Description

16 May 2022

Development Application Ref. DA37/2022 for a double carport and driveway crossing.

1 December 2022

Complying Development Certificate Ref. CDC 22141-1 for demolition of the existing dwelling, construction of a two storey dwelling and construction of retaining walls approved by the Certifying Authority.

Control

Proposed

Complies

Floor Space Ratio

0.5:1

0.46:1

366.34m² : 791m²

Yes

Height of Buildings

9.5m

4.63m (deck)

Yes

Side setback (min)

1.5m

3.00m (Deck extension)

1.56m (Lower floor excavation extent)

Yes

Rear setback (min)

25% of site depth (13m) to building

14.145m to mid-level.

Yes

Maximum Ridge height

9.5m

No change.

N/A

Number of Storeys (max)

2 storeys

3 storeys

No, variation required (see below).

Landscaped area (min)

35% (276.85m²)

53.5% (423.46m²)

Yes

Cut and Fill (max)

1m

2.5m

No, variation required (see below).

Solar Access

3 hrs to north-facing windows

The additional lower floor room and deck extension will not result in adverse solar access impacts.

Yes

Provide for view sharing

Tenacity Planning Principle

The additional lower floor room and deck extension will not result in adverse view sharing impacts.

Yes

Deck/Balcony depth (max)

3m

The deck is extending by 1m which will increase the depth to 3.685m.

No, variation required (see below).

Private open space

24 m² (min)

4m minimum depth

Complies.

Yes

BASIX

Required.

BASIX certificate No. A499546 provided.

Yes

Control

Proposed

Comment

Council support

Deck/balcony depth - 3m (max)

(Clause 1.8.2 (c))

3.685m

While the proposal does not meet the numerical value of a maximum 3m in depth, the control states that a depth greater than 3m can be considered if privacy is addressed.

The CDC approved deck includes privacy screens to a height of 1700mm for the approved balcony depth (3m).  It is noted that the east and western elevations have changed the balustrade details and the privacy screens are no longer shown.

The privacy screens are to be reinstated for the full length of the amended balcony depth.

The proposed variation is minor, being 0.685m greater than the allowable 3m depth.

The proposed deck extension has a side setback of 3m to the western boundary and 5.56m to the eastern boundary.

The proposed deck extension does not align with neighbouring windows and its outlook is towards Tambourine Bay.

Potential privacy impacts of the deck extension are considered to be minimal provided the privacy screens are constructed and therefore, the variation of 0.685m is considered acceptable on merit in this instance.

Yes

Cut and Fill – 1m (max)

(Clause 1.6) 

2.5m

The excavation for the additional lower floor areas requires up to 2.5m of cut.

The objectives of the DCP (Clause 1.6 – Cut and Fill) are as follows:

1 Retain the natural ground levels as much as possible of a site and its existing landforms particularly in relation to the street or adjacent private open space areas.

2 To achieve reasonable landscaping within development.

3 To minimise the extent of cut and fill and its impact along side boundaries.

4 To create a consistent relationship between the dwelling and the street.

5 To ensure that excavation and filling of a site does not result in unreasonable amenity impacts to adjoining dwellings.

6 To minimise change to water run-off patterns.

The additional excavation relates to a small portion of the site (approximately 25m²) relating to the corridor, bathroom, bedroom 5 and storeroom. The approved CDC also indicated a subfloor area in this zone. The additional excavation ranges from 0.5m (corridor) 1.2m (bedroom) to 2.5m (bathroom)

The additional excavation is adequately setback from the adjoining property (approximately 3m), is not apparent from the street, does not result in amenity impacts to adjoining dwellings, does not impact the extent of landscaping proposed on the site and is located beneath the footprint of the approved dwelling above and will therefore not change surface water run-off. The objectives of the control are satisfied.

Yes

Number of storeys - 2 (max)

(Clause 1.7.1(e))

3 storeys

Due to the topography of the land, the current approved CDC for a two storey dwelling is split across lower floor, mid floor and upper floor.

This DA is seeking to increase the lower floor with an additional bedroom, bathroom and storage space. The location of the proposal would increase the number of storeys to 3 for a small portion of the dwelling.

The objectives of the DCP (Clause 1.7 – Building Design) are as follows:

1 Ensure new dwellings and alterations and additions to existing dwellings reinforce the typical bulk and scale of existing dwellings within the street and the area.

2 Ensure that alterations and additions to existing dwellings maintain the integrity of the design and style of the existing building.

3 Ensure elevations to the street and public domain are well proportioned and designed.

4 Minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of views and amenity.

The proposal remains under the maximum FSR and maximum height controls and does not change the design and style of the approved building.

The proposal will not increase the bulk and scale when viewed from the street or waterway.

The additional storey does not create any additional impacts referred to in the DCP objectives to adjoining properties.

The variation is considered acceptable in this instance on merit.

Yes

RECOMMENDATION

That pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel, exercising the functions of Council as the consent authority, grants development consent to Development Application 66/2023 for alterations and additions to an approved dwelling house on Lot 115 DP 16472, known as 54 Kallaroo Road, Riverview, 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 a condition of this consent, the condition prevails.

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

2.         Amended plans

Prior to the issue of a construction certificate the certifier must ensure the approved construction certificate plans show privacy screens to a height of 1700mm along the eastern and western sides of the deck and deck extension and match the materials and finish of the privacy screen approved under CDC 22141-1.

Reason: To ensure the subject consent does not inadvertently remove privacy measures required under the CDC.

3.         Air-conditioning units and water heaters

This consent does not approve the relocation of the water heaters and air-conditioning units removed as part of the DA. The consent has not approved for relocation and separate approvals might be required.

Reason: To ensure ancillary structures are approved under the relevant planning pathway.

4.         Compliance with Other Approvals

This consent relates to alterations and additions to an approved dwelling house only. The conditions contained within DA37/2022 and CDC 22141-1 remain applicable to those works.

Reason: To ensure compliance with other approvals.

5.         A.3 - Payment of security deposits

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

The payments will be used for the cost of:

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

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

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

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

Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the principal certifier.

Reason: To ensure the long service levy is paid.

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

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

Reason: To manage impacts to Council’s assets.

8.         A.12 – Construction Certificate

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

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

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

9.         C.1 - Construction site management plan

Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is provided to and approved by the principal certifier. The plan must include the following matters:

·        location and materials for protective fencing and hoardings to the perimeter on the site.

·        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.

·        provisions for public safety

·        pedestrian and vehicular site access points and construction activity zones

·        details of any bulk earthworks to be carried out

·        location of site storage areas and sheds

·        equipment used to carry out all works

·        a garbage container with a tight-fitting lid

·        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.

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

Additional Council Requirements

2.         Where sites adjoin bushland:

-    Access to the site from adjacent parks/reserves/bushland for the purposes of carrying out building works, landscaping works,  storage materials, storage of soil or rubbish is not permitted.

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

10.       C.2 - Erosion and sediment control plan

Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the principal certifier:

·        Council’s development control plan,

·        the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and

·        the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).

The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.

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

11.       C.23.B - Sydney Water requirements

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

Reason: To comply Sydney Water requirements.

12.       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.

PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK

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

Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover is achieved over any bare ground on site).

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

14.       D.3 - Signs on site

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

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

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

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

Any such sign is to be maintained while any demolition or building work is being carried out but must be removed when these works have been completed.

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

Reason: Prescribed condition under section 70 of the EP&A Regulation 2021.

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

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

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

16.       D.5 - Home Building Act requirements

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

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

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

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

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

i)       the name of the owner-builder, and

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

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

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

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

17.       E.1 - Hours of work

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

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

Reason: To protect the amenity of the surrounding area.

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

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

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

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

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

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

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

20.       E.5 - Implementation of BASIX commitments

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

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

21.       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

22.       E.7 - Construction noise

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

Reason:  To protect the amenity of the neighbourhood.

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

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

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

24.       E.12 - Cut and fill

(a)   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 Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material identified as being subject to a resource recovery exemption by the NSW EPA.

Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is safe for future occupants.

25.       E.15.B - Critical stage inspections

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

Reason: EP&A Act requirement.

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

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

Reason: To ensure public safety.

27.       E.19.B – Encroachments

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

2.         The proposed construction shall not encroach onto any existing Council drainage pipe or easement unless approved by Council. If a Council stormwater pipe is located at site during construction, Council is to be immediately notified. Where necessary the drainage line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the drainage pipe are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

Reason: To ensure works are contained wholly within the subject site

28.       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

29.       F.2 - Completion of public utility services

Before the issue of the relevant occupation certificate, the principal certifier must ensure any adjustment or augmentation of any public utility services including gas, water, sewer, electricity, street lighting and telecommunications, required as a result of the development, is completed to the satisfaction of the relevant authority.

Before the issue of the occupation certificate, the principal certifier must request written confirmation from the relevant authority that the relevant services have been completed.

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

30.       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.

31.       F.5 - Repair of infrastructure

Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

Note: If the council is not satisfied, the whole or part of the security/bond submitted will be used to cover the rectification work.

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

32.       F.6 - Removal of waste upon completion

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

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

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

PART H - OCCUPATION AND ONGOING USE

33.       H.1 - Release of securities / bonds

When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 5. 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.

Property:

40 Arabella Street, Longueville 

DA No:

DA26/2023

Date Lodged:

28/03/2023

Cost of Work:

$2,019,919.00

Owner:

J Pan

Applicant:                       

A Prichard

Description of the proposal to appear on determination

Demolition of an existing two storey dwelling and construction of a two-storey dwelling house including an internal 4 car-stacker garage and a swimming pool.

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10b

Stop the Clock used

No

Notification

In accordance with Councils Policy. Submissions were received from: 27 Arabella Street, 38 Arabella Street, and 42 Arabella Street.         

Property

Lot 14                                                   DP 3957

Area

1483.5m²

Site location

The subject site is located on the eastern side of Arabella Street facing towards Woodford Bay.

Existing improvements

Two storey detached dwelling with swimming pool and attached carport.

Shape

Rectangular                             

Dimensions

North: 99.98m        East: 16.3m       

South: 94.28m        West: 15.24m

Adjoining properties

Adjoining properties consist of two storey detached dwelling houses.

The application seeks the approval for the following development;

Demolition:

·    Existing two storey detached dwelling house and swimming pool.

Excavation:

·    Approximately six (6) metres of cut and fill across the proposed building area.

Lower Ground Floor Level 03:

·    Infinity edge swimming pool;

·    Recreation and pool room with bathroom, kitchenette, and storage;

·    Pool equipment and pump room;

·    Landscaping, lawn, and planters;

·    Internal staircase to service all levels; and

·    External stairs to service all levels.

Lower Ground Floor Level 02:

·    Bedrooms 03, 04, and 05 – all with ensuites;

·    Balcony to service all three bedrooms with overhanging planters;

·    Rumpus room; and

·    Wine cellar.

-                   

Lower Ground Floor Level 01:

·    Bedroom 02 with an ensuite and balcony;

·    Master bedroom with an ensuite, master robe and balcony;

·    Laundry;

·    Study / Office;

·    Gym with an attached sauna area;

·    Bathroom;

·    Lower storage area of car stacker garage; and

·    Plant room.

Ground Floor:

·    Landscaped entrance from the street;

·    Four (4) car stacker garage (extends to lower ground floor level 01);

·    Front lounge room with access to garden courtyard;

·    Kitchen with a walk-in pantry;

·    Internal garden courtyard with landscaping;

·    Living room;

·    Dining room with access to garden courtyard; and

·    Cantilevered balcony.

Proposed

Control

Complies

Floor Space Ratio

0.44:1

0.5:1

Yes

Height of Buildings

8.71m

9.5m

Yes

Front setback (min)

7.795m

Consistent with area or 7.5m

Yes

Side setback (min)

1.5m (all levels)

1200mm single storey

1500mm two storey

Yes

Yes

Rear setback (min)

65.7m

>1000m²: 10m or 35%

Yes

Wall Height (max) (max parapet of 600mm)

7.2m

7.0m

No – see variations assessment.

Maximum Ridge height

8.8m

9.5m

Yes

Number of Storeys (max)

2

2

Yes – on merit. 

Landscaped area (min) (Minimum width of 1m required to be included in area)

60%

35%

Yes

Foreshore Building Line (min)

Compliant.

See DCP.

Yes

Cut and Fill (max)

5.8m

1m

No – see variations assessment.

Solar Access

Complies.

3 hrs to north-facing windows

Yes

Provide for view sharing

Complies.

See DCP.

Yes

Deck/Balcony depth (max)

GL: 3.0m

LGL01: 0.7m

LGL02: 1.9m

3m

Yes

Yes

Yes

Private open space

Complies.

24 m² (min)

4m minimum depth

Yes

Basix Certificate

1368886S

Required

Yes

Basix NatHers

0008477648

Required

Yes

Proposed

Control

Complies

Off-street spaces (min)

4

2

Yes

Driveway width

5.2m

3m at the lot boundary

Yes

Proposed

Control

Complies

Setback to Neighbour’s House (min)

4.5m – to neighbours building line.

3m to waterline

Yes

Setback to boundary (min)

North: 3.5m

South: 3.5m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

4.6m

1.8m   

No – see variations assessment.

Setback from boundary if coping is above ground level (existing) (min)

3.5m

Coping to be set back at a ratio of 1:1

Yes

Front fence height (max)

1.8m

Solid: 900mm

Lightweight: 1.2m

Yes

Setback from front boundary if > 1.2m

1m

1m

Yes

Side and rear fences

Side (GL) – 1.8m

1.8m

Yes

27 Arabella Street, Longueville

Figure 2: Bedroom 2 Room View (Source: Deneb Design)

Satisfactory – The bulk and scale of the proposal would impose minimal impacts on views to the Harbour Bridge, Anzac Bridge, city skyline and Woodford Bay. These partial impacts consist of the removal of a portion of Harbour Bridge views, with both pylons and the lower portion of the bridge. There is negligible impact on city skyline and district views, and minor loss of land/water interface views along the southern view corridor. The subject view is obtained from the lower ground level at bedroom 2. It is assumed that the space will primarily be utilised during evening hours, thus, the retained views are of less significance – yet are still primarily retained. 

27 Arabella Street, Longueville

Figure 3: Living Room View (Source: Deneb Design)

Satisfactory – The proposed building profile does not obscure any significant views or outlooks to the Harbour Bridge, Anzac Bridge, city skyline or Woodford Bay when obtained from the living room. The outlook from this vantage point is considered to be compliant with the principles of Tenacity.

27 Arabella Street, Longueville

Figure 4: Main Deck View (Source: Deneb Design)

Satisfactory – Similar to the viewport experienced from the living room, the outlook from the main front deck comprises of areas of significance such as the Harbour Bridge, the Anzac Bridge, the city skyline, Woodford Bay and the greater Lane Cove River. A minimal portion of the inlet view to Woodford Bay is obscured by the ridgeline of the building envelope. When considered in its entirety, there would be reasonable impacts on the subject view.

38 Arabella Street, Longueville

Figure 2: Living Room View (Source: Deneb Design)

Satisfactory – There would be minimal impacts on the water views of the Lane Cove River and Woodford Bay. The subject view is obtained from the existing balcony. As substantiated in the image, the building profile obscures existing district views to the South of 38 Arabella Street and the adjoining southern properties. However, as reasoned under Tenacity, this view that includes the Anzac Bridge is not categorised as an ‘iconic view’ and therefore the impact is considered to be of minimal affect.

38 Arabella Street, Longueville

Figure 3: Kitchen View (Source: Deneb Design)

Satisfactory – Similar to the views from the living room, the kitchen outlook to the south is obscured by the proposed development. While there is loss of the Anzac Bridge view from the kitchen window, this is not specifically categorised as an iconic view under Tenacity, and would be similarly impacted by a built form

that further increased the rear setback and complied with the wall height at the rear of the dwelling. Given the views obtained from this neighbour are across a side boundary they are difficult to retain, and coupled with

the underdeveloped nature of the site any new dwelling (even one fully compliant with the LEP and DCP standards) would have a similar impact. In these circumstances, it is less reasonable to expect all views, including district views, are retained across a side boundary. Subsequently, Council regards the view loss insignificant. 

38 Arabella Street, Longueville

Figure 4: Master Bedroom View (Source: Deneb Design)

Satisfactory – The development proposes a levelled landscaping area at the rear that features a pool and associated vegetation. The height and extension of this area incurs no impact on the views and outlooks experienced from the master bedroom. It is considered that the design is skilful and therefore meets the requirements of the principles in Tenacity.

42 Arabella Street, Longueville

Figure 2: Ground Level Balcony View (Source: Deneb Design) 

Satisfactory – There would be minimal impacts on the water views of the Lane Cove River and Woodford Bay. The subject view is obtained from the existing balcony at 42 Arabella Street. As substantiated in the image, the building profile does not obscure or intrude on views of importance. The analysis is considered satisfactory.

42 Arabella Street, Longueville

Figure 3: First Level Balcony (Source: Deneb Design)

Satisfactory – The proposed dwelling extends past the existing building line of 42 Arabella Street by approximately 5.1m. However, as the views to the north of this site are low level significance and all preferable views are directly east toward Woodford Bay, the result is considered negligible.

No.

Proposed

Control

Comment

Council support

1

7.2m

7m wall height (max) (max parapet of 600mm)

The proposed wall height is at 7.2m, breaching the 7m provision by 200mm. The non-compliance incurs negligible impacts.

Yes

2

6.1m

1m cut and fill (max)

The proposed cut and fill of 6.1m is in exceedance of the 1m provision by 5.1m. The excavation is considered necessary for the development and no adverse impacts incur as a result.

Yes

3

4.6m

1.8m swimming pool height (max)

(steeply sloping sites)

The proposed swimming pool sits 4.6m above the existing ground level. This is 2.8m above the maximum. No adverse impacts apply.

Yes

Concern

Comment

Concerns for the impacts resultant of the designs bulk and scale

The amended plans have addressed previous concerns of the 9.5m maximum height variation that contributed to issues with bulk and scale. The height was reduced and thus so was the bulk. Further, the non-compliance of the balcony depth was reduced to 3m to prevent any incursion on views from 38 Arabella Street. In this regard, the design meets the provisions requirements and is supported.

Concerns for the exceedance of gross floor area

The development is below the FSR development standard.

Concerns for the rear building line

As previously state, the amended plans address the variation of the balcony depth to ensure a maximum depth of 3m. This prevents the obstruction of the southern views experienced from 38 Arabella Street. The development meets the provisions of the rear setback and building line.

Concerns for the views from the waterway (Woodford Bay)

The height and location of the C2 environmental area between the foreshore and the site acts as a visual buffer to the development, preventing potential visual impacts from Woodford Bay and the greater Lane Cove River. It is not substantiated that the development would be visibly dominant from the Bay area, park, or reserve. 

Concerns for the incursion of privacy caused by the north facing windows

The 1.5m side setback requirement is adhered to in the proposal.  Further, floor to ceiling privacy screening in the form of timber battening has been provided for all north windows to ensure that the subject development achieves natural northern light whilst maintaining privacy to the adjoining property. Strict requirement of the details, angles, and measurements of the privacy screen have been conditioned to ensure that privacy standards are met.

Concerns for the extent of excavation

The protection of neighbouring sites is ensured as substantiated within the submitted geotechnical report. The proposed excavations prevents the need for gross floor area to be transferred to the ground and lower ground levels – ultimately reducing the bulk and scale of the development. Although the extent of excavation is numerically non-compliant, the merit of the excavation is reasonable.  All excavation is to be carried out in strict accordance with relevant standards to ensure compliance.

Concerns for the exceedance of the front setback requirement

The entry vestibule stated to be in exceedance of the provision is not enclosed area and is therefore not included in the front setback calculation. The 7.795m setback meets the requirements. 

Concerns for overshadowing

The overshadowing that would occur as a result of the development is minimal in comparison to the overshadowing created by the envelope of the existing dwelling house. The windows that receive less than 2 hours of direct sunlight are not adversely impacted by the proposed envelope. Further, Northern light and solar access is in fact improved in the afternoon hours and is considered compliant.

Concerns regarding the ridge height affecting views

The total ridge height of RL43.870 is considered reasonable when assess in conjunction with the maximum building height. The total height is below the maximum LEP building height standard. The view loss would be negligible as substantiated by the view impact assessment submitted with the amended plans.

Concerns for the potential obstruction of views as a result of a proposed tree

The potential impacts on views created by the proposed tree is not substantiated.

RECOMMENDATION

General Conditions

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Council grants development consent to:

·    Development Application DA23/26

·    For the demolition of an existing two storey dwelling and construction of a two-storey dwelling house including an internal 4 car-stacker garage and a swimming pool.

·    On 40 Arabella Street, Longueville

-    

subject to the following conditions:

PART A – GENERAL CONDITIONS

1.         A.1 - Approved plans

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

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

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

2.         A.2 - Design amendments

Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council.

Planning Officer Amendment:

·    1:50 detail of the northern elevation privacy screen is to be provided prior to construction to ensure the angle, width of battens and gaps between obscure any overlooking between the subject development and the adjoining property of 38 Arabella Street.

Bushland Officer Amendments:

·    Tree 14 and Tree 14 (two mature fern trees) shown in the amended landscape plan prepared by Studio IZ are to be transplanted to the south-east section of the site to compliment the adjacent bushland at Woodford Bay reserve. The transplant is to be shown in the revised landscape plan.

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·    Tree 3 Syzygium sp. Shown in the amended landscape plan prepared by Studio IZ is to be replaced with a 3-meter tree selected from the Council’s approved landscaping list of recommended plantings (LCC DCP appendix 1 Part J). This tree is to be incorporated into the revised landscape plan.

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·    The sediment control plan is to include the following amendments;

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-     The use of 2500mm long metal star pickets hammered into the ground 500mm deep (leaving 2000mm above ground) with 1000mm centres (spacing between each star picket).

-     Metal wire threaded through each star picket to assist in taking the sediment load between the centers.

-     Use of self-supporting geo textile semi permeable fabric allowing water to pass through but catching sediment.

-     Geo textile semi permeable fabric to be installed 300mm deep into the ground and 1500mm above ground attached to star pickets and wire.

-     A secondary sediment fence to be installed following the specifications as above 2000mm behind the first fence creating a secondary barrier.

-     A clear marking on the amended sediment control plan of the discharge path and discharge point

Tree Officer Amendments:

·    Three (3) 400L Angophora costata (Sydney Red Gum) trees are to be replanted in recompense for the removal of three (3) significant gum trees at the rear of the site adjoining bushland that died within a very short timeframe, consistent with herbicide application (TPO Work Authority TRP211201723 dated 23/12/21 approved)

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

3.         A.3 - Payment of security deposits

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

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

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

Note: Required Council inspections for civil works involving Council assets are to be carried out prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.

The following items are to be inspected:

·        proposed stormwater drainage improvements;

·        proposed stormwater connection to existing Council pit in the street;

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

·        any adjustment works in Council’s Road reserve.

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

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

Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy of $5,050.00 as calculated at the date of this consent to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the principal certifier.

Reason: To ensure the long service levy is paid.

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

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

a)  cut down, fell, uproot, kill, poison, ringbark, burn, or otherwise destroy the vegetation, or

b)  lop or otherwise remove a substantial part of the vegetation.

The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW).

The maximum penalty that may be imposed in respect to any such offence is $1,100,000 per individual and $5, 500,000 per corporation.

The following trees shall be retained:

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

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

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

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

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

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

Reason: To manage impacts to Council’s assets.

7.         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:

1.         This DA requires 12000 litre of rainwater tank. The detailed design for this proposed system is required

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

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

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

6.         Subsoil seepage agg-line drainage is required around proposed garage front wall, lower ground front wall and retaining wall or as it is necessary and connected to proposed drainage system

7.         The proposed connection pit at start of dispersal trench shall be modified into a pollution control pit (as shown in section 3.4.1 in part O of Council’s stormwater DCP) with mesh (RH3030) and sump(300mm minimum). These details shall be shown in plan.

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

9.         The proposed rainwater reuse system with a minimum effective capacity of 12,000 litres and to be installed in accordance with Section 7.3 in Council’s Stormwater DCP and relevant Australian standards. This tank shall have 100mm air gap on top and 100mm sludge zone at the bottom.

10.       Only roof water shall be connected to rainwater tank.

11.       The rainwater tank shall show top water level, overflow path detail, pump system and dimensions.

12.       The proposed basement shall be constructed with water-proof walls around it.

13.       For properties adjacent to bushland approval is required from Council’s Coordinator Bushland on the design of the dispersal system to ensure the health and vitality of trees and vegetation are retained.

14.       The installation of the dispersal trench shall be parallel to existing contour lines.

15.       The proposed dispersal system shall be moved down stream side of the building and pool by minimum 3.0m and shall be marked in stormwater plan as per section 5.2 of Council DCP. In this case, the arborist report shall be amended covering all trees around the dispersal trench area

16.       The dispersal trench shall be similar to the typical section shown in Appendix 7 in part O of Council’s stormwater DCP and comply with Part H of Council’s Bushland protection DCP

17.       Installation of pipe system and dispersal trench 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:

a)         Compliance with the amendments detailed in this condition.

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

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

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

8.         A.12 – Construction Certificate

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

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

9.         A.13 – Swimming pool fence

A swimming pool fence is to comply with the following:

a)   That forms a barrier between the swimming pool; and

i.    any residential building or movable dwelling situated on the premises; and

ii.   any place (whether public or private) adjacent to or adjoining the premises; and

b)   That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

              The register can be found at www.swimmingpoolregister.nsw.gov.au.

Reason: Statutory requirement.

10.       A.15 – Pool filter and pump

The filter and pump are to be located in a soundproof enclosure. If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

Reason: Statutory requirement.

11.       A.16 – Pool warning notice

In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

Reason: Statutory requirement.

12.       A.17 – Special Condition – Prepurchase of Replacement Trees

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

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

PART B – PRIOR TO DEMOLITION WORKS

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

As a result of the site constraints, limited vehicle access and parking, a demolition traffic management plan (DTMP) and report shall be prepared by a Transport for NSW accredited person and submitted to and approved by Council prior to commencing any demolition work.

The DTMP must:-

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

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

c)         Provide for the movement of trucks to and from the site, and deliveries to the site. Temporary truck standing/ queuing locations in a public roadway/ domain in the vicinity of the site is not permitted unless a Works Zone is approved by Council.

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

e)         Specify that a minimum seven (7) days notification must be provided to adjoining property owners prior to the implementation of any temporary traffic control measures.

f)          Include a site plan showing the location of any site sheds, location of requested Work Zones, anticipated use of cranes, structures proposed on the footpath areas (hoardings, scaffolding or temporary shoring) and extent of tree protection zones around Council Street trees.

g)         Take into consideration the combined construction activities of other development in the surrounding area. To this end, the consultant preparing the DTMP must engage and consult with developers undertaking major development works within a 250m radius of the subject site to ensure that appropriate measures are in place to prevent the combined impact of construction activities. These communications must be documented and submitted to Council prior to work commencing on site.

h)         Be prepared in accordance with relevant sections of Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, RMS’s Manual – “Traffic Control at Work Sites”.

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

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

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

Reason: To ensure worker and public health and safety.

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

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

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

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

-           Details of hazardous materials (including asbestos).

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

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

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

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

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

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

-           Date the demolition works will commence.

Reason: To ensure health and safety.

17.       B.13.L - Project Arborist

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

The project Arborist shall:

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

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

·    Oversee the demolition of the existing carport whilst retaining the existing retaining wall within the TPZ of trees 5, 18 and 19.

·    Oversee the excavation of stormwater and installation of landscape elements within the TPZ of Tree 13

·    Oversee any excavation within the TPZ of T17 including proposed planting

·    Provide quarterly health and condition assessments on protected trees

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

Reason: To ensure trees are protected and retained on the site.

18.       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:

1. Along the area marked within the tree protection plan on page 32 of the Arborist Report by Laurence and Co. dated 13th March 2023

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

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

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

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

Reason: To protect the natural environment.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

19.       C.1 - Construction site management plan

Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is provided to and approved by the principal certifier. The plan must include the following matters:

·        location and materials for protective fencing and hoardings to the perimeter on the site.

·        provisions for public safety

·        pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’

·        pedestrian and vehicular site access points and construction activity zones

·        details of construction traffic management, including proposed truck movements to and from the site and estimated frequency of those movements, and measures to preserve pedestrian safety in the vicinity of the site. The construction traffic management plan shall comply with the requirements of Part R of Lane Cove DCP 2010 and shall be submitted to Council’s Traffic Section for written approval. Consultation with NSW Police, TfNSW, and Sydney Buses may be required. Note: Heavy vehicles are not permitted to travel on local roads without Council approval.

·        protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites and Council’s DCP, if applicable) and trees in adjoining public domain (if applicable)

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

·        details of any bulk earthworks to be carried out

·        location of site storage areas and sheds

·        equipment used to carry out all works

·        a garbage container with a tight-fitting lid

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

·        location of temporary toilets.

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

Council Approvals

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

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

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.

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

20.       C.2 - Erosion and sediment control plan

Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the principal certifier:

·        Council’s development control plan,

·        the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and

·        the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).

The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.

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

21.       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.

22.       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 work;

·        upper-level floor framing;

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

Reason: To ensure structural adequacy.

23.       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.

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

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

Reason: To protect neighbouring buildings.

24.       C.27.E - Proposed vehicular crossing

The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The existing driveway shall be completely demolished and apart from the area of the new driveway shall be reinstated by standard kerb and gutter satisfying Council’s standard. The new driveway shall be designed and complied with Council’s standard drawing No: CIV.4.2, 3.1 and 3.2. 

a) The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The applicant has to lodge Vehicular Crossing Application form and pay application fee as shown in this form to get these levels. This shall be done prior to Construction Certificate.

b) The driveway opening width along at the face of kerb is to be no wider than 5.5.

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

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

e) The excavation for driveway near Council tree and construction shall satisfy Council’s Tree preservation Officer.

f) 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

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

Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover is achieved over any bare ground on site).

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

26.       D.3 - Signs on site

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

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

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

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

Any such sign is to be maintained while any demolition or building work is being carried out but must be removed when these works have been completed.

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

Reason: Prescribed condition under section 70 of the EP&A Regulation 2021.

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

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

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

28.       D.5 - Home Building Act requirements

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

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

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

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

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

i)       the name of the owner-builder, and

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

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

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

29.       D.6 - Notice regarding dilapidation report

Before the commencement of any site or building work, the principal certifier must ensure the adjoining building owner(s) is provided with a copy of the dilapidation report for their properties no less than 10 days before the commencement of any site or building works and provide a copy of the report to Council at the same time.

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

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

30.       E.1 - Hours of work

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

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

With NO high noise generating activities, to be undertaken after 12 Noon on Saturday.

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

Monday to Friday (inclusive)                    7am to 5.30pm 

High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

Saturday                                       8am to 12 noon

with NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N.

A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

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

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

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

Reason: To protect the amenity of the surrounding area.

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

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

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

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

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

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

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

33.       E.5 - Implementation of BASIX commitments

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

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

34.       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

35.       E.7 - Construction noise

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

Reason:  To protect the amenity of the neighbourhood.

36.       E.8 - Tree protection

While site or building work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the construction site management plan required under this consent, the relevant requirements of AS 4970-2009 Protection Of Trees on Development Sites and any Arborist’s report approved under this consent. This includes maintaining adequate soil grades and ensuring all machinery, builder’s refuse, spoil and materials remain outside tree protection zones.

Reason: To protect trees during construction.

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

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

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

38.       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

39.       E.12 - Cut and fill

While building work is being carried out, the principal certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements:

a)         All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification and the volume of material removed must be reported to the principal certifier.

b)         All fill material imported to the site must be Virgin Excavated Natural as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material identified as being subject to a resource recovery exemption by the NSW EPA.

Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is safe for future occupants.

40.       E.15.B - Critical stage inspections

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

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural work;

f)          upper level floor and roof framing; and

Reason: EP&A Act requirement.

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

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

Reason: To ensure public safety.

42.       E.19.B – Encroachments

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

2.         The proposed construction shall not encroach onto any existing Council drainage pipe or easement unless approved by Council. If a Council stormwater pipe is located at site during construction, Council is to be immediately notified. Where necessary the drainage line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the drainage pipe are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

3.         No encroachment is to occur into public open space.

Reason: To ensure works are contained wholly within the subject site

43.       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.

44.       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.

45.       E.26 – Special Condition – Installation of retaining walls within the TPZ of retained trees

The installation retaining walls within the Tree Protection Zone of retained trees must be done so using an isolated pier and beam method or use existing footings under the supervision of the project arborist. No roots greater than 30mm diameter are to be severed to facilitate the installation of the piers. A 150mm buffer must be given to roots greater than 30mm diameter. Roots less than 30mm diameter that conflict with the location of piers must be documented by the Project arborist and pruned with a sharp implement

Exposed roots shall be protected in accordance with section 4.5.4 of AS4970-2009 The protection of trees on Development Sites

Reason: To mitigate damage to retained trees.

46.       E.27 – Special Condition – Construction of side pathways and pavers

The new steppers within the Structural Root Zone of tree #5 and #17 are to be installed entirely above grade. Permeable fill consisting of 20mm angular stone is to be required to level any undulating ground. A geotextile fabric should then be used to separate the fill from a sand bedding layer. Paving may then be placed on the layer of sand bedding. Level depths of subbase are to be determined by the landscape company. Installation of the side pathway within the TPZ of protected trees is to be overseen by the project arborist.

Reason: To minimise unnecessary excavation within the Structural Root Zone of retained trees.

47.       E.28 – Demolition of existing building and hard surfaces

The demolition of the northwestern side of the existing carport within the Protection Zone of trees 5, 18 and 19 must be undertaken under the supervision of the project arborist. Demolition of above ground structures may be undertaken via machinery, with existing retaining wall bordering tree 5,18 and 19 is to be retained. Demolition must be undertaken from within the footprint of the existing structures.  No machinery within this area is to be used below existing grade.

Reason: To protect the root system of retained trees.

48.       E.29 – Special Condition – Excavation for stormwater services

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

Reason: To protect retained trees during construction.

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

49.       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 12000 litre of rainwater tank system have been constructed in accordance with the approved plans.

·        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 kerbs, gutter, turfing and footpaths, to the satisfaction of Council’s Urban Services Division.

·        Certification from suitable engineer that the swimming pool has been constructed satisfying relevant Australian standards.

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

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

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.

50.       F.2 - Completion of public utility services

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

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

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

51.       F.3 - Post-construction dilapidation report

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

a)         after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and

b)         where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent.

Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier) and to the relevant adjoining property owner(s).

Reason: To identify damage to adjoining properties resulting from building work on the development site.

52.       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 marks 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.

53.       F.5 - Repair of infrastructure

Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

Note: If the council is not satisfied, the whole or part of the security/bond submitted will be used to cover the rectification work.

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

54.       F.6 - Removal of waste upon completion

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

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

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

55.       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

56.       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. The Trees shall be replaced with endemic tree species at 75 litre pot size, selected from Councils DCP Part J – Landscape, Appendix 1 unless stated otherwise within this consent.

The following additional trees are to be planted on top of what is proposed under the approved landscape plan. These include:

·    3 x Tristaniopsis laurina “Luscious” (Water Gums) to be planted on the Council Nature strip in front of the property at regular intervals. These trees are to be planted from a minimum 100L pot size.

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·    3 x Angophora costata (Sydney Red Gum) to be planted in the grassed area below the proposed pool and retaining walls adjoining 24 Woodford Street. These trees are to be planted from a minimum container size of 400L, with a minimum spacing of 5m from each other.

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

Reason: To ensure replacement planting.

57.       F.20EH – Special Condition – Landscape practical completion report

A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the landscape working drawing. A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

Reason: To ensure the completion of all landscape works.

58.       F.21EH – Special Condition – Evidence of Maintenance

Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

Reason: To ensure the landscape works are maintained.

59.       F.22EH – 12 Month Maintenance Agreement