Minutes
Lane Cove Local Planning Panel Meeting
26 September 2023
Minutes
Lane Cove Local Planning Panel Meeting
26 September 2023
Lane Cove Local Planning Panel 26 September 2023
Minutes
PRESENT: Ms Louise Byrne, Chair, Mr Michael Ryan, Planning Expert, Mr Eugene Sarich, Planning Expert, Ms Mary Rawlings, Community Representative
ALSO PRESENT: Mr Mark Brisby, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Sam Wilson, Town Planner and Ms Angela Panich, Panel Secretary
DECLARATIONS OF INTEREST: Nil
Apologies
Nil
Lane Cove Local Planning Panel Reports
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DETERMINATION The applicant has made a written request pursuant to clause 4.6 of the Lane Cove Local Environmental Plan 2009. After considering the request, and assuming the concurrence of the Secretary has been given, the Panel is satisfied that compliance with the Height development standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation. The proposed development will be in the public interest because the exceedance is not inconsistent with the objectives of the standard and of the zone in which the development is to be carried out. |
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That pursuant to s 4.16(1)(a) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 26 September 2023, exercising the functions of Council as the consent authority, grant consent to Development Application DA84/2023 for alterations and additions to an existing multi-level dwelling house including the extension of the balcony and construction of a lift at 21 Coonah Parade, Riverview, subject to the following conditions:
PART A – GENERAL CONDITIONS
1. A.1 - Approved plans Development must be carried out in accordance with the following approved plans (stamped by Council), except where the conditions of this consent expressly require otherwise.
In the event of any inconsistency between the approved plans and a condition of this consent, the condition prevails.
Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
2. A.3 - Payment of security deposits Before the commencement of any works on the site, or the issue of a construction certificate, the applicant must make the following payment(s) 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 the satisfactory construction of the above requirements.
The payments will be used for the cost of: · making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates, · completing any public work such as roadwork, kerbing and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent, and
Reason: To ensure any damage to public infrastructure is rectified and public works can be completed.
3. A.12 – Construction Certificate The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.
Reason: To ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.
PART B – PRIOR TO DEMOLITION WORKS
4. 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.
5. 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
6. C.1 - Construction site management plan Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is provided to and approved by the principal certifier. The plan must include the following matters: · location and materials for protective fencing and hoardings to the perimeter on the site. · provisions for public safety · pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’. · pedestrian and vehicular site access points and construction activity zones · location of site storage areas and sheds · equipment used to carry out all work. · a garbage container with a tight-fitting lid · The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.
Council Approvals Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval. Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.
Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.
7. 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
8. 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; · 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.
PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK
9. 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.
10. 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.
11. 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.
12. 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
13. 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.
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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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; a) footings; b) reinforced concrete work; c) structural work; d) upper-level floor and roof framing; and
Reason: EP&A Act requirement.
20. 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.
21. 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 pipelines without Council’s approval.
Reason: To ensure works are contained wholly within the subject site
22. 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
23. 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 new and/or 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 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.
24. 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.
25. 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
26. H.1 - Release of securities / bonds When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition (2). Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.
Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.
Panel Reasons
Based on the development application material, a site inspection and the assessment of the development by the Council, the Panel accepted and generally agreed with the Council Officer’s recommendation for a grant of consent, the conditions imposed and the reasons stated for the conditions. There were no objectors to the development proposed.
The decision of the Panel was unanimous.
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DETERMINATION
The applicant has made a written request pursuant to clause 4.6 of the Lane Cove Local Environmental Plan 2009. After considering the request, and assuming the concurrence of the Secretary has been given, the Panel is satisfied that compliance with the Height development standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation. The proposed development will be in the public interest because the exceedance is not inconsistent with the objectives of the standard and of the zone in which the development is to be carried out.
That pursuant to s4.16(1)(a) & 4.16(3) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 26 September 2023, exercising the functions of Council as the consent authority, grant deferred commencement consent to Development Application DA89/2023 for the partial demolition of structures on the subject site and the construction of a five-storey building for a mixed use development at 158 Longueville Road, Lane Cove, subject to the following conditions:
PART A - Deferred Commencement Condition under s 4.16(3) of the Environmental Planning and Assessment Act 1979:
The consent is not to operate until the Applicant satisfies the Council, within 12 months of the date of the issue of the consent, as to the following amendments to the development application:
1) Delete on plan 100435 DA01-110 Rev F - Lower Ground Floor and 100435 DA01-401 Rev E Proposed Sections that part of the café seating area floor slab which has a floor to ceiling height of 2.18m.
The amended plans are to be submitted to Council’s Manager Development Assessment within 12 months of the date of issue of the consent as stated on the Notice of Determination or the consent will lapse. The works under this approval cannot commence until Council has confirmed in writing that all matters under Part A above have been provided and are satisfactory.
Council will notify the Applicant in writing if Part A of this consent has been satisfied and the date from which this consent operates.
PART B – 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:
· Planter Boxes on Roof Level The planter boxes are to entail a minimum soil depth of 500mm to accommodate shrubs and a fully automated drip irrigation system is to be designed and installed by a suitably qualified irrigation company.
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 payment 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 the satisfactory construction of the above requirements.
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.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 $8,570.00 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.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.
6. 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. 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. 2. Sediment control fence shall be placed around the construction site as much as possible and shown in plan. 3. The stormwater requirements shown in Basix certificate shall be included in stormwater management plan and satisfied. 4. A pollution control pit (as shown in section 3.4.1 in part O of Council’s stormwater DCP) with mesh (RH3030) and sump(300mm minimum) is required within the site, at start of the connection pipe to the kerb. These details shall be shown in plan. 5. Driveway grated strip pit shall have minimum 200mm of depth and 1% fall inside. 6. The kerb connection pipe from fence line to kerb shall be designed for gravity discharge only and no charged pipe line allowed. 7. The kerb discharge point shall be 300mm away from edge of driveway wing and complied with section 4.1 in Council DCP. 8. Any proposed pipe beneath of trafficable area shall be replaced by a suitable RHS. 9. The rainwater tank shall show top water level, overflow path detail, pump system and insect screen between rainwater tank and OSD. 10. The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council stormwater DCP. 11. The proposed pump out system shall satisfy section 5.4 of part O of Council’s stormwater DCP. The full details of the hydraulic calculation for pump out system shall be included in stormwater management plan and submitted to Council. 12. The proposed grease arrester shall satisfy relevant Australian standards.
Certification from a suitably qualified engineer as to the matters below is to be provided to the Principal Certifying Authority, prior to the issue of any CC: · Compliance with the amendments detailed in this condition. · Compliance with Part O: Stormwater Management of Council’s DCP.
Where a variation is sought, written approval is to be obtained from Council’s Urban Services Division.
Reason: To ensure adequate stormwater management in accordance with Council’s DCP.
7. A.12 – Construction Certificate The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.
Reason: To ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.
PART B – PRIOR TO DEMOLITION WORKS
8. 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.
9. 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.
10. 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.
11. B.4.EH Demolition work plan The name, address, contact details and licence number of the Demolisher / Asbestos Removal Contractor. A demolition work plan must be prepared for the development in accordance with Australian Standard AS2601-2001 by a licensed demolisher who is registered with the NSW WorkCover. The demolition work plan must be submitted to the Principal Certifying Authority (PCA), not less than seven working days before commencing any demolition work. A copy of the demolition work plan must be maintained on site and be made available to Council officers upon request. The Demolition Work Plan must include the following information (as applicable):
- The name, address, contact details and 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.
12. E.7 - Construction noise While building work is being carried out and 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 construction does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where the construction is being carried out.
Reason: To protect the amenity of the neighbourhood.
13. 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
14. 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 any bulk earthworks to be carried out. · location of site storage areas and sheds · equipment used to carry out all work. · a garbage container with a tight-fitting lid · prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant. · A Traffic Management Plan shall be prepared by a Transport for NSW accredited person and submitted to Council’s Traffic Department for approval prior to commencing of any work. · 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.
The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.
Council Approvals
1. Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval. 2. Any construction plant on the public road reservation requires an approved “Application for standing plant permit”. 3. Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.
Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.
15. 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
16. C.3 – Separate Waste management plan (WMP) Before the issue of a construction certificate, the applicant is to ensure that a separate document waste management plan is prepared in accordance with the EPA’s Waste Classification Guidelines and the following requirements before it is provided to and approved by the certifier: a) The WMP should include the existing information provided in the Statement of Environmental Effects document (sections 7.11.1 & 7.11.2).
b) Please clarify the collection frequency in this information as the 2nd set of collect frequency also states the schedule for “Residential area of the development”.
· Should any Waste Collection vehicles need to enter the site, it must enter and exit in a forward-facing direction. This must also be shown on the WMP via swept path drawings.
· Collection times – Collection of Waste for the Commercial area of the development must not occur prior to 7am or after 6pm.
The applicant must ensure the waste management plan is referred to in the construction site management plan and kept on-site at all times during construction.
Reason: To ensure resource recovery is promoted and local amenity protected during construction.
17. 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.
18. C.7 - Car parking details Before the issue of the relevant construction certificate, a suitably qualified engineer must review the plans which relate to parking facilities and provide written evidence, to the certifier’s satisfaction, that it complies with the relevant parts of AS 2890 Parking Facilities- Off- Street Carparking and Council’s development control plan.
Reason: To ensure parking facilities are designed in accordance with the Australian Standard and Council’s DCP.
19. C.8.T - Car parking details and additional Council requirements Additional Council car parking requirements are set out below:
1. The proposed car park design and access shall comply with AS 2890.1. This includes all parking spaces, ramps and aisles. 2. All accessible car parking spaces are to be adequately signposted and line marked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and height clearance. 3. All other aspects of the car parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles. 4. All vehicles must front in/ front out to/ from the development. 5. Small car spaces must form no more than 10% of the overall parking provision in public car parks. 6. Small car parking, car share, car wash bay, motorcycle parking, retail parking, tenant parking, and resident parking to be sign posted and adequately line marked. 7. The garbage collection and holding area is to be clearly signposted and linemarked and provided in accordance with AS2890.2: 2002. On site garbage collection must be provided for with sufficient headroom and allow the vehicle to enter and exit in a forward direction.
Reason: To comply with Council car parking requirements.
20. C.9.T - Car parking allocation and restrictions on excess spaces Car parking spaces shall be allocated as per the established minimum car parking rates (rounded up to the nearest whole number) in Table 1 of Part R: Traffic, Transport, and Planning of the LCDCP 2010. The subdivision and sale of excess car parking spaces is prohibited.
Reason: To comply with Council’s car parking requirements
21. C.10.T – Pedestrians / cycling 1. All bicycle racks and secure bicycle parking provided on-site shall comply with the minimum standards as outlined in Section 4.3 of Part R: Traffic, Transport and Parking of Lane Cove DCP 2010 and designed in accordance with AS 2890.3: 2015 Bicycle Parking Facilities. Alternative designs that exceed the Australian Standards will also be considered appropriate. 2. Basement bicycle parking is to be located as close as possible to the car park entrance, clearly labelled, and easily identifiable through appropriate way finding signage. 3. Line markings are to be provided to guide pedestrians to the lift in public car parking areas.
Reason: To ensure pedestrian safety and that bicycle parking facilities satisfy Council’s requirements.
22. C.13.EH - Hazardous or intractable wastes Hazardous or intractable wastes arising from the site works, excavation and remediation process must be removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of: · Work Health and Safety Act 2011; · The Occupational Health and Safety (Hazardous Substances) Regulation 2001; · The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; · Protection of the Environment Operations Act 1997 (NSW); · Protection of the Environment Operations (Waste) Regulation 2005; · Waste Avoidance and Resource Recovery Act 2001; and · NSW EPA Waste Classification Guidelines (2014)
The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 and Regulations.
Reason: To ensure health and safety.
23. C.15.EH - Evidence of disposal of all waste, spoil and excavation material As soon as practicable after demolition is completed, documentary evidence detailing the destination of waste materials in accordance with the Waste Management Plan is to be submitted to the Principal Certifying Authority.
Reason: To ensure waste is managed in accordance with the approved Waste Management Plan.
24. C.18.EH - Waste and recycling, and bulky waste storage room(s) 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 room(s). As a minimum this shall include the following: · Minimum clearance between bins of 300mm; Minimum door openings of 1700mm. · Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room). · The floor of waste and recycling rooms (including bulky waste storage rooms) must be constructed of either: - Concrete which is at least 75mm thick; or - Other equivalent material; and - Graded and drained to a floor waste which is connected to the sewer · Floors finished to a smooth even surface, coved at the intersection of walls and floor. · Walls constructed of solid impervious material and cement rendered internally to a smooth even surface coved at all intersections. · Provision of adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock. · A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste/recycling and bulky waste storage rooms. · Constructed to prevent the entry of vermin. · Provision of artificial light controlled by switches located both outside and inside the rooms. · Clearly printed “No Standing” signs affixed to the external face of each waste/recycling and bulky waste storage room. · Bin storage rooms – Please ensure that the Residential Bin Storage Room and the Commercial Bin Storage room are clearly marked and identified. · Residential tenants should not have access to the commercial bin room and commercial tenants should not have access to the residential bin room.
Reason: To ensure adequate waste and recycling storage and management in accordance with Councils DCP.
25. C.19.EH - Construction and fit-out of food premises To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, the construction and fit-out of any food premises must comply with the following: i) The Food Act 2003 (as amended); ii) Food Regulation 2015 (as amended); iii) Australia and New Zealand Food Standards Code; iv) Australian Standard AS 4674 – 2004 (Design, construction and fit-out of a food premises); v) Sydney Water – trade Waste Section; vi) The Protection of the Environment Operations Act 1997; and vii) The Building Code of Australia. A certificate of compliance with (iv) for the proposed kitchen design shall be submitted to the Principal Certifying Authority, prior to issuing the relevant Construction Certificate.
Reason: To ensure food preparation areas meet the relevant requirements
26. 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; · 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.
27. 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 maneuvering 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.
28. C.26.E - On-site stormwater detention requirements Certification shall be obtained from a suitably qualified Engineer that: · the on-site stormwater detention (OSD) system complies with the requirements under Part O of Council’s DCP; and · the CC drawings and specifications indicate the following: o The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk. All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt and installed as per Section 7.4.2 of part O of Council DCP. Any tank greater than 1.2 m in depth must be fitted with step irons. Reason: To ensure compliance with Council’s requirements.
29. C.27.E - Proposed vehicular crossing a) The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. b) The driveway opening width along at the face of kerb must be as shown in the architectural drawing. c) The driveway shall be setback a minimum 300mm away from any existing power pole and stormwater pit. d) Certification is to be provided by a suitably qualified engineer demonstrating compliance with AS 2890 Series including AS 2890.1.2004 “Off Street Car Parking”, and Council's standards and specifications. e) The following plans shall be prepared and certified by a suitably qualified engineer: · Longitudinal sections along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scraping provisions of AS2890.1. The sections shall include details of all levels and grades, including those levels stipulated at boundary levels, both existing and proposed from the centre line of the roadway through to the parking area clearly demonstrating that the driveway complies with Australian Standards 2890.1-2004 - Off Street Car Parking. · Transitional grades in accordance with AS2890. If a gradient in excess of 25% is proposed, the engineer must certify that this design is safe and environmentally sustainable. · Sections showing the clearance to the underside of any overhead structure complies with the clearance provisions of AS2890.1.
A ‘Construction of Residential Vehicular Footpath Crossing’ application, design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. All works associated with construction of the crossing shall be completed prior to the issue of any Occupation Certificate.
Reason: To ensure the proposed vehicular crossing complies with Australian Standards and Council’s requirements.
30. C.28 – Special Condition – Permit to Stand Plant Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 4 working days for approval.
Reason: To ensure the amenity of the surrounding area is protected.
PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK
31. 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.
32. 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.
33. D.6 - Notice regarding dilapidation report Before the commencement of any site or building work, the principal certifier must ensure the adjoining building owner(s) is provided with a copy of the dilapidation report for their property 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
34. E.1 - Hours of work All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-
Monday to Friday (inclusive) 7am to 5.30pm
High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday
Saturday 8am to 12 noon
with NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N.
A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site. The principal certifier must ensure building work, demolition or vegetation removal is not carried out on Sundays and public holidays, except where there is an emergency.
Unless otherwise approved within a construction site management plan, construction vehicles, machinery, goods, or materials must not be delivered to the site outside the approved hours of site works.
Note: Any variation to the hours of work requires Council’s approval.
Reason: To protect the amenity of the surrounding area.
35. E.2 - Compliance with the Building Code of Australia Building work must be carried out in accordance with the requirements of the Building Code of Australia.
Reason: Prescribed condition - EP&A Regulation clause 98(1)(a)
36. E.3 - Procedure for critical stage inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate.
Reason: To require approval to proceed with building work following each critical stage inspection.
37. 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.
38. 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(s) approved by this consent, for the development to which the consent applies.
Reason: To ensure BASIX commitments are fulfilled in accordance with the BASIX certificate (prescribed condition under clause 97A(2) EP&A Regulation).
39. 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
40. E.7 - Construction noise While building work is being carried out and 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 construction does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where the construction is being carried out.
Reason: To protect the amenity of the neighbourhood.
41. 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.
42. E.10 - Shoring and adequacy of adjoining property If the development involves any excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land (including any structure or work within a road or rail corridor), the person having the benefit of the development consent must, at the person’s own expense —
c) Protect and support the building, structure or work from possible damage from the excavation, and d) 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
43. 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: · 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. · 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.
44. E.15.B - Critical stage inspections Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and clauses 162A, 162B and 163 of the EP&A Regulation 2000. Where Lane Cove Council is appointed as the PCA, an inspection is to be booked for each of the following relevant stages during the construction process: e) underpinning; a) retaining walls; b) footings; c) reinforced concrete work; d) structural work; e) upper level floor and roof framing
Reason: EP&A Act requirement.
45. 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.
46. 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.
47. 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.
48. E.19.B – Encroachments 1. No portion of the proposed structure shall encroach onto the adjoining properties and/or road reserve. 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 pipelines without Council’s approval. Reason: To ensure works are contained wholly within the subject site
49. 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.
50. E.22.EH - Environmental Impacts during construction The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1977 or the NSW Occupational Health and Safety Act (2000) & Regulations (2001).
Reason: To protect the environment.
PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE
51. F.1 - Works-as-executed plans and any other documentary evidence Before the issue of the relevant occupation certificate, the applicant must submit, to the satisfaction of the principal certifier, works-as-executed plans, any compliance certificates and any other evidence confirming the following completed works: (a) All stormwater drainage systems and storage systems (b) The following matters that Council requires to be documented: · Compliance with Part O - Stormwater Management of Lane Cove DCP 2010. Where a variation is sought, written approval shall be obtained from Council’s Urban Services Division. · Compliance with AS-3500. · Certification from a suitably qualified engineer that the approved stormwater pipe system and on-site stormwater detention (OSD), rainwater tank system, pump out system and grease arrester have been constructed in accordance with the approved plans. · Where relevant, registration of any positive covenants over the OSD system and basement pump out system are required. · Signed plans by a registered surveyor clearly showing the surveyor’s details and date of signature. · Certification from a qualified Consultant Engineer that the grease arrester has been installed satisfying relevant Australian Standards · 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 the location of works once constructed that will become Council assets.
52. 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.
53. 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.
54. 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.
55. F.5 - Repair of infrastructure Restoration of disturbed Council land and assets is the responsibility of the applicant. Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.
Note: If the council is not satisfied, the whole or part of the security/bond submitted will be used to cover the rectification work.
Reason: To ensure any damage to public infrastructure is rectified.
56. 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.
57. F.7 – Special Condition – Car Stacker Certification from the suitable engineer that the car stacker is installed and working satisfactory before issuing an Occupational Certificate.
Reason: To ensure the car stacker is constructed in accordance with the correct details and is in correct working order.
PART H - OCCUPATION AND ONGOING USE
58. H.1 - Release of securities / bonds When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition (3). Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.
Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.
59. H.3 - Location of mechanical ventilation On-going use of the approved development shall not give rise to any offensive noise as defined in the PEOA Act 1997, including noise from any mechanical plant, public address system or sound amplifying equipment.
Reason: To satisfy Council’s Engineering requirements. To protect the residential amenity of neighbouring properties.
60. H.4 – Maintenance of wastewater and stormwater treatment device During occupation and ongoing use of the building, the applicant must ensure all wastewater and stormwater treatment devices (including drainage systems, pump house, rainwater tank, grease arrestor, pollution control pit and on-site detention) are regularly maintained, to remain effective and in accordance with any positive covenant.
Reason: To satisfy Council’s Engineering requirements. To protect sewerage and stormwater systems.
61. H.8.EH - Regulated systems Any air handling and water systems regulated under the Public Health Act 1991 must be installed, operated, and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000. The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.
Reason: To satisfy Council’s Engineering requirements and to ensure health and safety.
62. The skylights shown on plan ‘100435 DA01-150 Rev E – Proposed Roof Level’ are to be openable to allow for sufficient ventilation of the residential shop top dwelling. The openable skylights are to be shown on an amended set of architectural plans prior to the issue of a Construction Certificate.
63. Proposed lower ground floor and ground floor fit outs are not approved by this consent and are to be the subject of a separate application.
Panel Reasons
The Panel carried out an external inspection of the building and location and was satisfied that the partial demolition of the building with retention of the front façade would not have any adverse heritage impact on the heritage significance and character of the existing building and location in the Lane Cove ‘main street’ shopping precinct. The Panel agreed with the Council Officer’s merit assessment and recommendation for approval but added some further conditions as detailed above. Firstly a deferred commencement condition in relation to the height of the ceiling in the restaurant area which the Panel considered was unacceptable at 2.18m and secondly, additional general conditions which are self-explanatory.
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The decision of the Panel was unanimous. |
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Supplementary Report - 40 Arabella Street, Longueville |
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DETERMINATION
That pursuant to s 4.16(1)(a) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 26 September 2023, exercising the functions of Council as the consent authority, grant consent to Development Application DA26/2023 for the Demolition of an existing two storey dwelling and construction of a three-storey dwelling house including an internal 4 car-stacker garage and a swimming pool at 40 Arabella Street, Longueville, subject to the following conditions
PART A
1. A.1 - Approved plans and supporting documentation Development must be carried out in accordance with the following approved plans and supporting documentation (stamped by Council), except where the conditions of this consent expressly require otherwise.
In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. In the event of any inconsistency between the approved plans and a condition of this consent, the condition prevails.
Note: an inconsistency occurs between an approved plan and supporting documentation or between an approved plan and a condition when it is not possible to comply with both at the relevant time.
Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
2. A.2 - Design amendments Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council.
Part A – Details of Northern Elevation Privacy Screen A 1:50 detail plan of the Northern privacy screen is to be provided to Council prior to the issue of a construction certificate. The specifications of the screen are to be entail vertical fixed louvres, angled at a minimum of 30 degrees (North-East being 90 degrees) that feature a maximum spacing of 30mm between each individual louvre. The material and colour of the louvres are to be non-reflective to avoid adverse glare to the neighbouring property.
Reason: To ensure the amenity of the neighbouring property is protected.
Part B – Details of Semi-Enclosed Carport Battens A 1:50 detail plan of the proposed carport timber screen is to be provided to Council prior to the issue of a construction certificate. The carport opening are to entail battening screens that have 45mm by 45mm vertical battens that are spaced a minimum of 150mm between each batten.
Reason: To ensure the details of the proposed meet the requirements of Council’s DCP.
Part C – Details of Front Fence Battens A 1:50 detail plan of the proposed front fence is to be provided to Council prior to the issue of a construction certificate. The fence is to entail 45mm by 45mm vertical battens that are spaced a minimum of 90mm between each batten.
Reason: To ensure the details of the proposed meet the requirements of Council’s DCP.
Part D – Alternative Excavation Methodology A revised geotechnical investigation report is to be provided to Council prior to the issue of a Construction Certificate. The report is to supply an alternative solution to the previously proposed method of excavation using temporary anchorage and tie back systems that required the neighbouring property owners approval.
Reason: To ensure the amenity of the neighbouring properties are protected.
Part E - Depth of Decks
The Construction Certificate plans shall be amended to show a maximum depth of 3m to the rear deck accessed directly off the living/dining room as shown on architectural drawing DA301 Rev. C dated July 2023 and labelled Ground Floor Plan (Street).
Reason: To protect the privacy of adjoining properties where decks are elevated. Viz DCP Control 1.8.2(c) Privacy – Visual and Acoustic
Part F – Bushland Officer Amendments (As previous) 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.
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.
The sediment control plan is to include the following amendments;
- 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
Reason: To ensure the protection of the natural environment.
Part G – Tree Officer Amendments (As previous) 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 ensure the reinstatement of the natural environment.
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 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 and Services Division for any associated works on Council property. Written approval is to be obtained prior to the start of any works on Council property.
Reason: To manage impacts to Council’s assets.
7. 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.
8. 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.
9. 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.
10. 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.
11. A.18 – Structural Footings All footings for the proposed development be founded on uniform bearing materials to minimise the potential for differential settlements. Footings must not be found on the sandstone floaters. If footings are proposed at the floater locations, footing will need to be piled into the underlain sandstone bedrock and floater to be rock bolted for long term stabilisation.
Reason: To ensure structural adequacy.
PART B – PRIOR TO DEMOLITION WORKS
12. 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.
13. B.2.E Asbestos removal, handling and disposal The removal, handling and disposal of asbestos from building sites shall be carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal in accordance with this condition is to be submitted to the Principal Certifying Authority and Council’s Environmental Health Section, prior to commencing any demolition works.
Reason: To ensure worker and public health and safety.
14. B.3.EH - Compliance with demolition standard Demolition of buildings and structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures.
Reason: Prescribed condition under the EP&A Regulation 2000.
15. 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.
16. 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.
17. 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:
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
18. 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 3. 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. 4. 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.
19. 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
20. 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.
21. C.7 - Car parking details Before the issue of the relevant construction certificate, a suitably qualified engineer must review the plans which relate to parking facilities and provide written evidence, to the certifier’s satisfaction, that it complies with the relevant parts of AS 2890 Parking Facilities- Off- Street Carparking and Council’s development control plan.
Reason: To ensure parking facilities are designed in accordance with the Australian Standard and Council’s DCP.
22. C.15.EH - Evidence of disposal of all waste, spoil and excavation material As soon as practicable after demolition is completed, documentary evidence detailing the destination of waste materials in accordance with the Waste Management Plan is to be submitted to the Principal Certifying Authority.
Reason: To ensure waste is managed in accordance with the approved Waste Management Plan.
23. 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.
24. 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; · car stacker system; · upper-levels floor framing; and where relevant in accordance with any recommendations contained in an approved geotechnical report.
Reason: To ensure structural adequacy.
25. 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.
26. 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
27. D.1 - Erosion and sediment controls in place Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).
Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.
28. D.3 - Signs on site A sign must be erected in a prominent position on any site on which building work or demolition work is being carried out: a) showing the name, address and telephone number of the principal certifier for the work, and b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work or demolition work is being carried out but must be removed when the work has been completed.
Note: This does not apply in relation to building work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3).
29. D.4 - Compliance with 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 EP&A Regulation, clause 98(1)(b)
30. 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 the council) has given the 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 the Council written notice of the updated information.
Reason: Prescribed condition EP&A Regulation, clause 98B(2) and (3).
31. 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
32. 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.
33. E.2 - Compliance with the Building Code of Australia Building work must be carried out in accordance with the requirements of the Building Code of Australia.
Reason: Prescribed condition - EP&A Regulation clause 98(1)(a)
34. E.3 - Procedure for critical stage inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate.
Reason: To require approval to proceed with building work following each critical stage inspection.
35. 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.
36. 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(s) approved by this consent, for the development to which the consent applies.
Reason: To ensure BASIX commitments are fulfilled in accordance with the BASIX certificate (prescribed condition under clause 97A(2) EP&A Regulation).
37. 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 — 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
38. E.7 - Construction noise While building work is being carried out, and where a noise and vibration management plan is approved under this consent, the applicant must ensure that any noise generated from the site is controlled in accordance with the requirements of that plan.
Reason: To protect the amenity of the neighbourhood.
39. 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, builders refuse, spoil and materials remain outside tree protection zones.
Reason: To protect trees during construction.
40. 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.
41. E.10 - Shoring and adequacy of adjoining property If the development involves any excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land (including any structure or work within a road or rail corridor), the person having the benefit of the development consent must, at the person’s own expense —
a) Protect and support the building, structure or work from possible damage from the excavation, and b) Where necessary, underpin the building, structure or work to prevent any such damage.
This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
Reason: Prescribed condition - EP&A Regulation clause 98E.
42. 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.
43. E.15.B - Critical stage inspections Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and clauses 162A, 162B and 163 of the EP&A Regulation 2000. Where Lane Cove Council is appointed as the PCA, an inspection is to be booked for each of the following relevant stages during the construction process: a) underpinning; b) retaining walls; c) footings; d) reinforced concrete work; e) structural work; f) car stacker system g) upper-level floor and roof framing;
Reason: EP&A Act requirement.
44. 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.
45. E.19.B – Encroachments 1. No portion of the proposed structure shall encroach onto the adjoining properties. 2. The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. 3. No encroachment is to occur into public open space.
Reason: To ensure works are contained wholly within the subject site
46. 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.
47. E.24 – Structural Footings Inspections Footing inspection must be carried out by a Geotechnical Engineer or consultant during footing excavation to confirm floater locations, and appropriate founding materials, that the recommended serviceability bearing pressures could be met and to ensure that all soft and wet materials have been removed from the foundation footprint prior to concrete placement.
Reason: To ensure structural adequacy.
48. 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.
49. 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.
50. 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.
51. E.28 – Special Condition – 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.
52. 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.
53. E.30 – Excavation Vibration Levels Induced vibrations in structures adjacent to the excavation should not exceed a Peak Particle Velocity (PPV) of 10mm/sec for brick or unreinforced structures in good condition, and 5mm/sec for residential. To ensure vibration levels remain within acceptable levels and minimise the potential effects of vibration, excavation into medium or higher strength sandstone should be complemented with saw cutting or other appropriate methods prior to excavation. Rock saw cutting should be carried out using an excavator mounted rock saw to minimise transmission of vibrations to any adjoining properties. If vibrations in adjacent structures exceed the values recommended above or appear excessive during construction, excavation should cease, and the project Geotechnical Engineer should be contacted immediately for appropriate reviews so that counter- measures/actions can be taken.
Reason: To ensure the protection of the subject site and surrounding sites.
54. E.31 – Geotechnical Consultant Inspections Inspections by qualified geotechnical consultants are to be carried out at every 1.5m deep cut interval during excavation.
Reason: To ensure excavational stability of the site.
55. E.32 – Temporary Batter Slopes Temporary batter slopes, where applicable, may be adopted during excavation of the soils. Permanent batter slopes are not recommended. For unsupported cuts in topsoil, fill and overburden soils, the recommended temporary batter slopes are presented in the following Table 1.
Source: Cardno – Proposed Residential Geotechnical Investigation Report
Temporary surface protection against erosion may be provided by covering the batters with plastic sheeting. It should be noted however, that the plastic sheeting should extend at least 1.5m behind the crest of the cut face.
Reason: To ensure the amenity of the natural environment.
56. E.33 – Monitoring of Surface Movements Throughout the course of excavation, ground movement is to be monitored by suitably qualified geotechnical engineers. Inclinometers are to be inserted into the shoring piles stipulated in the below figure.
Source: Excavation Methodology Report by Stronghold Engineers
Reason: To ensure the protection of the subject site and surrounding properties.
PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. F.7 - Completion of landscape and tree works Before the issue of an occupation certificate, the principal certifier must be satisfied that all landscape and tree-works, including pruning in accordance with AS 4373-2007 Pruning of amenity trees and the removal of all noxious weed species, have been completed in accordance with the approved plans and any relevant conditions of this consent. Additional Council requirements are outlined below: · Certification of the above shall be provided by the project arborist or by a qualified practising landscape architect. Certification shall also be provided for the following: - subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings. - All landscaping areas have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants. · For major development, evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect for a period of at least 12 months from the date of issue of the OC.
Reason: To ensure the approved landscaping works have been completed before occupation, in accordance with the approved landscaping plan(s).
64. 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
65. 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 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.
Trees must be installed and signed off by the project arborist Prior to the issue of an Occupation Certificate.
Reason: To ensure replacement planting.
66. 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.
67. 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.
68. F.22EH – 12 Month Maintenance Agreement At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier. The report must include site images, showing the establishment of the replacement trees chosen by Council. A site inspection by the Council Arborist may be required to ensure acceptable tree establishment. A copy of the report must be submitted to Council.
Reason: To ensure the ongoing health and vitality of the plants during the establishment period.
PART H - OCCUPATION AND ONGOING USE
69. H.1 - Release of securities / bonds When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 3. Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.
Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.
70. H.4 – Maintenance of Wastewater and Stormwater Treatment Device During occupation and ongoing use of the building, the applicant must ensure all wastewater and stormwater treatment devices (including drainage systems, dispersal trench, rainwater tank and swimming pool) are regularly maintained, to remain effective and in accordance with any positive covenant.
Reason: To satisfy Council’s engineering requirements. To protect sewerage and stormwater systems.
Panel Reasons
This DA was before the Panel on 15 August and on that occasion the Panel conducted a comprehensive site visit including attending neighbouring properties principally to assess the neighbouring objectors concerns about view loss. The DA was returned to the Panel on 26 September because of a procedural matter that needed to be addressed. Nevertheless the resident objectors were given a further opportunity to make submissions and address the Panel meeting but the Panel did not conduct another site inspection which was considered unnecessary. The Panel heard from the resident objectors and their advisers and the Applicants consultants in open session and in private session considered the issues raised which to a large extent repeated what had been submitted on the 15 August. Having regard to the development application material, the Panels previous site inspection and considering the written and oral submissions, the Panel determined to grant consent to this development. The Panel was satisfied and accepted the Council Officer’s assessment, and in particular the additional view analysis from the neighbouring properties. The recommendation of a grant of consent with the conditions was agreed to by the Panel.
The decision of the Panel was unanimous.
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The meeting closed at 6.50 pm
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