Minutes
Lane Cove Local Planning Panel Meeting
14 May 2024
Minutes
Lane Cove Local Planning Panel Meeting
14 May 2024
PRESENT: Mr Mark Gifford, Chairman, Ms Susan Hobley, Environmental Expert, Ms Lisa Bella Esposito, Planning Expert and Ms Melanie Naidoo, Community Representative
ALSO PRESENT: Mr Mark Brisby, Director, Planning and Sustainability
Mr Andrew Bland, Senior Town Planner
Mr Chris Shortt, Senior Town Planner
Mr Robert Montgomery, Consultant Town Planner
Mr Henry Burnett, Consultant Town Planner
Ms Angela Panich, Panel Secretary
DECLARATIONS OF INTEREST: Nil
Apologies
Nil
Lane Cove Local Planning Panel Reports
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Pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel (the Panel) at its meeting of 14 May 2024, exercising the functions of Council as the consent authority, granted development consent to Development Application DA 130/2023 for Construction of Boardwalk and Remediation at Lot 7026 DP 93903, Lot 7004 DP 1124084 & Lot 7373 DP 1161897 West Street Lane Cove West, subject to the following conditions as amended by the Panel:
Part A - General Conditions 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. Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
A.2 - Payment of building and construction industry long service levy Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy as calculated at the date of this consent to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the certifier. Alternatively, written consent from the Long Service Levy of an exemption from payment is to be provided to the certifier. Reason: To ensure the long service levy is paid. Part B – Prior to Demolition Works B.1 Asbestos removal, handling and disposal The removal, handling and disposal of asbestos shall be carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Confirmation is to be provided to the Principal Certifying Authority that the methods and recommendations of the Asbestos Management Plan and the Remediation Action Plan prepared by Epic Environmental are to be implemented, including details of the contractor(s) who will be handling/disposing of asbestos Reason: To ensure worker and public health and safety. B.2 Compliance with demolition standard Demolition of structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures. Reason: Prescribed condition under the EP&A Regulation 2021. B.3 Demolition work plan A demolition work plan shall 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 (7) working days before commencing any demolition work. A copy of the demolition work plan must be maintained on site and be made available to Council officers upon request. The Demolition Work Plan must include the following information (as applicable): - The name, address, contact details and license number of the Demolisher / Asbestos Removal Contractor. - Details of hazardous materials (including asbestos). - Method/s of demolition (including removal of any asbestos). - Measures and processes to be implemented to ensure the health & safety of workers and community. - Measures to be implemented to minimise any airborne dust and asbestos. - Methods and location of disposal of any hazardous materials (including asbestos). - Other relevant details, measures and requirements to be implemented. - Details of re-use, recycling and disposal of waste materials. - Date the demolition works will commence. Reason: To ensure health and safety.
Part C – Prior to Issue of a Construction Certificate
C.1 – Viewing Platform Locations The location of the viewing platforms is to be determined in conjunction with Council and the locations are to be shown on the construction certificate plans. Reason: To determine the most appropriate locations for viewing platforms.
C.2 – Vegetation Management Plan A comprehensive Vegetation Management Plan (VMP) shall be submitted to Council for approval, which details rehabilitation of areas which are disturbed during construction to be planted with species endemic to the Estuarine Swamp Oak Twig-rush Forest, and removal of noxious weed species. The VMP shall include measures for ongoing maintenance following completion of the works for a minimum of five (5) years. Reason: To ensure that vegetation is rehabilitated following the works. C.3 - Construction Site Management Plan A construction site management plan is to be prepared and submitted to the PCA. The plan must include the following matters: · provisions for public safety, including protective fencing at each end of the walking track works area. · 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. Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.
Additional Council Requirements 1. 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. 2. All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, including NSW EPA Waste Classification Guidelines (2014). Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction. C.4 - Erosion and sediment control plan Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier: · Council’s development control plan, · the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and · the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust). The applicant must ensure the erosion and sediment control plan is kept on-site at all times during site works and construction. Reason: To ensure no substance other than rainwater enters the stormwater system and waterways. C.5 - Structural engineer’s details The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following: · retaining walls; · footings; · pylons; · structural work; Reason: To ensure structural adequacy.
C.6 – Footing Size and Location The boardwalk footing design and location, through the Grey Mangrove – River Mangrove Forest area, is to be determined in conjunction with Council, and can be adjusted as part of offset negotiations between Department of Primary Industries – Fisheries and Council required under this consent. Any redesign of the footings within the Grey Mangrove – River Mangrove Forest area must be replicable across the entirety of the boardwalk. The final footing design is to be shown on the construction certificate plans. Reason: To avoid footings being located outside the existing boardwalk footprint in the Grey Mangrove – River Mangrove Forest area. Part D - Prior to Commencement of Building Works
D1.- Crown land Reservation R752067 (Lot 7373 DP1161897) Council is to request appointment as the Crown Land Manager (CLM) of R752067. Alternatively, the applicant should obtain a license to authorise the on-ground works and occupation of Lot 7373 DP1161897. The applicant should contact Crown lands directly to discuss requirements in relation to this condition. Reason: Rationalise the management of Crown land included as part of this proposal. D.2 - 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 completion of the works. Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways. 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. Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3). Part E – While Building Work is Being Carried Out 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 A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site. The principal certifier must ensure building work, demolition or vegetation removal is not carried out on Sundays and public holidays, except where there is an emergency. Reason: To protect the amenity of the surrounding area.
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) E.4 - Remediation Action Plan The site shall be remediated in accordance with the Remediation Action Plan prepared by Epic Environmental, dated 13/11/23 or as amended, if required. Any variations to the remediation strategy or, new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing. The written concurrence of the Site Auditor must be obtained prior to implementing any changes to the remediation action plan, strategies, or associated conditions of consent. Reason: To ensure health and safety.
E.5 - Implementation of the site management plans While vegetation removal, demolition and building work is being carried out, the applicant must ensure the measures required by the following documents are implemented at all times:
In particular, the environmental impact mitigation measures contained in Table 7.1 of the EIS prepared by DFP dated 5 December 2023 are to be implemented.
The applicant must ensure that copies of the approved plans, documents and Mitigation Measures Table are 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. E.6 – Implementation of VMP The requirements of the approved Vegetation Management Plan shall be implemented during the works. Reason: To ensure that vegetation is rehabilitated following the works.
E.7 - Offsite disposal of contaminated soil Any contaminated material to be removed from the site will need to be assessed, classified, and managed in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW EPA Waste Classification Guidelines (2014). Once assessed, the materials will be required to be disposed to a licensed waste facility suitable for the classification of the waste with copies of tipping dockets supplied to Council. Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request. Reason: To ensure health and safety.
E.8 - 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 Work Cover 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
E.9 – 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 any arborist’s report approved under this consent. Reason: To protect trees during construction.
E.10 – 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.
E.11 - Waste Management Upon disposal of waste, the applicant is to compile and provide records of the disposal to the principal certifier, detailing the following:
· The contact details of the person(s) who removed the waste · The waste carrier vehicle registration · The date and time of waste collection · A description of the waste (type of waste and estimated quantity) and whether the waste is expected to be reused, recycled or go to landfill · The address of the disposal location(s) where the waste was taken · The corresponding tip docket/receipt from the site(s) to which the waste is transferred, noting date and time of delivery, description (type and quantity) of waste. Note: If waste has been removed from the site under an EPA Resource Recovery Order or Exemption, the applicant is to maintain all records in relation to that Order or Exemption and provide the records to the principal certifier and Council. Reason: To require records to be provided, during construction, documenting that waste is appropriately handled.
E.12 – E12 - 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.
E.13 – E13 - Heavy vehicle requirements 1. All contractors are to be notified of Council’s requirements regarding truck cleanliness of vehicles leaving the site. A signed register 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.
E.14 – E14 - 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.
E.15- 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.F.2 – Site Auditor certification
F.2 – Site Auditor certification An EPA accredited Site Auditor shall provide a Section A Site Audit Statement to the PCA and the Council which confirms that the site has been remediated in accordance with the approved Remediation Action Plan and is suitable for the approved use. Reason: To ensure public health and safety
F.5 – F5 - Completion of VMP Evidence must be provided to the principal certifier confirming that all landscape and tree-works, including the removal of all noxious weed species, have been completed in accordance with the approved Vegetation Management Plan and any relevant conditions of this consent. Reason: To ensure the approved bushland rehabilitation has been completed before occupation, in accordance with the approved Vegetation Management Plan
F.6 – I F6 - Interpretive Signage Signage is to be installed at each of the viewing platforms outlining the importance of key fish habitats within the coastal wetlands. The wording, materials, size, graphics and format is to be determined by Council. Reason: To provide public education about the importance of coastal wetlands.
F.7 – F7 - Flood Warning Signage A flood warning sign is to be erected at each end of the walkway with the following wording: “This walkway is subject to flooding. Users of this facility should not enter flood waters. This walkway is not suitable for use in time of flooding. If you see flooding over the walkway, please turn around and leave the vicinity.”
The materials, size, format and graphics are to be determined by Council’ Reason: To manage flood risk.
Compliance with the following conditions provided by Department of Primary Industries, DPI Fisheries. 1. The proponent must apply for and obtain a Part 7 permit for dredging, reclamation and harm marine vegetation under the FM Act from DPI Fisheries prior to any works on site. Permit 2. Application forms are available from the DPI Fisheries website at: https://www.dpi.nsw.gov.au/fishing/habitat/help/permit; 3. Offsets for harm to marine vegetation will be negotiated between DPI Fisheries and Lane Cove Municipal Council as part of the Fisheries Permit process. Council must undertake a feasibility assessment for on-ground rehabilitation works. Monetary compensation will only be accepted if the feasibility assessment demonstrates that there is no potential for on-ground rehabilitation works; and 4. Environmental safeguards (silt curtains, booms etc.) are to be used during construction to ensure that there is no escape of turbid plumes into the aquatic environment. Turbid plumes have the potential to smother aquatic vegetation and have a deleterious effect on benthic organisms. Panel Comments The Panel considered and accepted the Report prepared by Council, including its associated plans and drawings. There were no submissions made to the Development Application and no commentators at the 14 May 2024 public meeting held by the Panel.
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The decision of the Panel was unanimous |
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The meeting closed at 5.15pm
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