Minutes
Lane Cove Local Planning Panel Meeting
22 October 2024
Minutes
Lane Cove Local Planning Panel Meeting
22 October 2024
ALSO PRESENT: Mr Mark Brisby, Director Planning and Sustainability, Mr Chris Shortt, Senior Town Planner, 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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That the Chair of the Local Planning Panel note the report and tabling of Pecuniary Interest Returns of Designated Panel Members for the return period 1 July 2023 to 30 June 2024.
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The decision of the Panel was unanimous |
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PANEL CONSIDERATION AND REASONS
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The Panel has carefully considered all submissions received and has the benefit of a site inspection carried out earlier today. The context of the site is that there are a number of properties to the north with rear yards to the side boundary of the subject site and solar access is not impacted. The proposed 2 storey dwelling has a light neutral pallet of materials, finishes and colours, and with additional privacy measures on windows and side boundary vegetation together with the introduction of an indentation to the northern boundary, this is an appropriate response to mitigate privacy and visual impacts. Furthermore, the Panel notes the proposed development is compliant with the planning controls and concurs with the Council Officer’s Report on the view analysis and approval should be granted.
DETERMINATION The Panel has determined to approve the development application subject to a Deferred Commencement with the recommended conditions as amended by the Panel as set out in Part A and Part B below.
PART A – DEFERRED COMMENCEMENT CONSENT
Pursuant to Section 4.16(1)(a) of the Environmental
Planning and Assessment Act 1979, the Lane Cove Local Planning Panel, at its
meeting of 22 October 2024, grants a |
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The following Deferred Commencement Conditions in Part A must be complied with, and require the approval of the Director of Planning and Sustainability, before the consent becomes operational in accordance with the conditions in Part B .
PART A
Design Amendments: The following amendments are to be made to the architectural and landscape plans: |
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a) Amendment of Swimming Pool Fence: The proposed swimming pool fence that surrounds the perimeter of the pool is to be free of any ancillary structures (cabana). In order to comply with the Australian Standards, the amended fence line is to follow the perimeter outlined in the below figure;
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b) Amendment of Windows: The 4 north-facing windows located on the first floor of the proposed development are to be obscure glazing. The louvres are to open in an upwards direction and to a maximum angle of 45 degrees. The windows are specified in the figure below;
c) Addition of Privacy Screens: The balcony accessed via Bedroom 1 (first floor) is to have a 1.8m privacy screen at the northern extent. The privacy screen is to have an opening-to-batten ratio no greater than 0.5:1.
d) Addition of Privacy Screens: The balcony accessed via the Seating Room (first floor) is to have a 1.8m privacy screen at the southern extent. The privacy screen is to have an opening-to-batten ratio no greater than 0.5:1.
e) Addition of Vegetation: The northern side boundary is to provide trees and shrubs to be planted to provide a filtered view of the building.
The area of vegetation is to span between front of the proposed dwelling to the rear. The species, at full maturity, are not to exceed a height of 7m. The area is highlighted in red in the figure below;
f) Specification of Rainwater Tank: The architectural plans are to be updated to clearly depict the location of the 8,500L rainwater tank specified under BASIX Certificate 1756580S.
g) Removal of Gas Systems: BASIX Certificate 1756580S is to be amended to delete the provision of the instantaneous gas hot water system.
h) Retainment of the Northern Boundary Wall: The architectural plans by HAS Studio dated 10/10/2024 issue D are to be amended to retain the existing boundary wall on the northern side of the property. This wall is within the Tree Protection Zone of Tree 13 and Tree G1. The retainment is to protect the root systems of the neighbouring palm trees.
i) Retainment/Replacement of Trees: The Landscape plan by Eco Design dated 2.7.24 issue B is to be updated to reflect the following:
· Tree 7 Magnolia grandiflora is to be retained; · The Elaeocarpus reticulatus proposed for the front of the property is to be substituted for a 100L Angophora costata, with the proposed Banksia serrata to be updated to a 100L Banksia serrata to offset canopy loss to comply with LCDCP part J section 3.5 and 3.6. j) Removal of Ensuite Bathroom on First Level: The amended architectural and landscape plans are to remove the ensuite bathroom from Bed 1 on Level 1. This is to accommodate a double height open to the sky courtyard with deep soil planting to provide articulation to the building. The area is highlighted in the figure below;
k) Planting of Vegetation at Northern Courtyard: The amended architectural plans and landscape plans are to input a tree species at the northern ground level courtyard. The species is to be selected from Appendix 4 of Part J Landscaping Lane Cove Development Control Plan. The indicative canopy area is highlighted below;
PART B – CONDITIONS OF CONSENT
Subject to the matters under Part A above being satisfied and amended plans being approved by the Council, the consent will then become Operational subject to the following conditions, and any consequential changes required from the Part A approval:
General Conditions That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel, at its meeting of 22 October 2024, grants development consent to: · Development Application DA96/2024 · For the demolition of existing dwelling house and the construction of a 2-storey dwelling house with an in-ground swimming pool and detached outbuilding · On 3 Brooks Street, Linley Point
subject to the following conditions:
That the development be strictly in accordance with: · Drawing number/s TO BE INSERTED · Dated · By
except as amended by the following conditions.
Reason: To ensure the development is in accordance with the determination.
1. 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 all of the following payments to Council and provide written evidence of these payments to the Certifier:
The payments will be used for the cost of: · making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates, · completing any public work such as roadwork, kerbing and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent, and
Reason: To ensure any damage to public infrastructure is rectified and public works can be completed.
2. 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 $5057.00 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 certifier.
Reason: To ensure the long service levy is paid.
3. A.7.L - Tree preservation and approved landscaping works 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:
No tree pruning is permitted as part of this consent unless otherwise conditioned. Any tree pruning requires a formal Tree Works Authority Application to be made to Council.
Reason: To ensure the protection of trees to be retained and to confirm trees removed for pruning/removal.
4. A.9. - Works on Council land Separate application shall be made to Council’s Open Space and Infrastructure 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.
5. A.10.E - Drainage plan amendments Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved stormwater drainage plans prepared by Hyten Engineering, reference No: 24H 186, revision: B and dated in 15/07/24. This amended plan shall satisfy Part O of the Council’s stormwater DCP. 1. All new down pipes shall be connected to appropriate pipe system. 2. All inlet pits are to be 450mm*450mm size in minimum. 3. 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. 4. Sediment control fence shall be placed around the construction site and shown in plan. 5. The stormwater requirements shown in Basix certificate shall be included in stormwater management plan and satisfied. 6. Subsoil seepage agg-line drainage is required around proposed retaining wall, dwelling, basement or as it is necessary and connected to proposed drainage system. 7. A rainwater tank shall be included into storm water management plan as per Basix certificate. 8. Clean out pits are required at all low points of charged drainage line if charged pipe system is proposed. 10. The stormwater runoff from driveway shall be collected by grated driveway pit and connected to pump out system. The pump system should be connected to pollution control pit. 11. Driveway grated strip pit shall have minimum 200mm of depth and minimum 1% fall inside. 12. Minimum of 1.8m height difference is required between start and end of the charged pipe system as per section 5.1 in Council DCP if charged system is used. The details of design level difference shall be shown in plan. 13. The kerb connection pipe from fence line to kerb shall be designed for gravity discharge only and no charged pipeline allowed. 14. The kerb discharge point shall be minimum 300mm away from edge of driveway wing and complied with section 4.1 in Council DCP. 15. Bends on kerb discharge pipe from site to Council kerb are not allowed. 16. Only roof water shall be connected to rainwater tank. 17. The rainwater tank shall show top water level, overflow path detail and pump system. 18. The proposed basement shall be constructed with water-proof walls around the basement. 19. A suitable pump out system is required inside the basement and 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. This pump out system shall be located within basement car park area and designed for capturing runoff from driveway and seepage around basement. 20. The proposed pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate 21. Construction of drainage system associated with the proposed pool satisfy relevant Australian standards. 22. Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate to Council. Certification from a suitably qualified engineer as to the matters below is to be provided to the Principal Certifying Authority, prior to the issue of any CC: a) Compliance with the amendments detailed in this condition. b) Compliance with Part O: Stormwater Management of Council’s DCP.
Where a variation is sought, written approval is to be obtained from Council’s Urban Services Division.
Reason: To ensure adequate stormwater management in accordance with Council’s DCP.
6. 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
7. 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.
8. 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.
9. 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.
10. 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 for certification. 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: 1. Certify all tree protection measures listed within this consent prior to demolition works
2. Clearly identify and tag trees (where appropriate) which are to be removed and which trees are to be retained as part of this consent
3. Oversee the installation of stormwater services within the TPZ of T7
4. Provide quarterly (3 monthly) health and condition assessments on protected trees
5. Statement upon completion for the development that all retained trees have been maintained in a healthy, viable condition and replacement planting has been undertaken. The statement must also recommend remedial advice for trees post construction to mitigate and long-term construction impacts.
Reason: To ensure trees to be protected on the site.
11. 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.
1. Tree Protection Fencing must be installed within the following locations: a. Along the area marked within the tree protection plan within the Arboricultural Impact Assessment report by Hugh The Arborist dated 30.5.24. TPZ fencing must be no closer than 2.5m measured from the outside edge of the trunk of the tree. b. Minimum 1.5m from the outside edge of T7 forming a Box
2. 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.
3. 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.
4. 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.
5. Such fencing and signage must be erected Prior to Demolition including site preparation and remain in place for the duration of the construction work
6. Movement of Tree Protection Fencing must be overseen and approved by the project Arborist
Reason: To protect trees during construction.
12. B.15 – Special Condition – Ground Protection The following tree protection measures must be in place prior to demolition works and certified by the project arborist.
Ground protection is required within the area marked on the tree Protection plan of the supplied Arborists Report by Hugh The Arborist dated 30.5.24
Ground protection is to consist of:
1. A geotextile fabric laid on ground.
2. 100mm of a coarse woodchip >20mm laid on top of the fabric.
3. Rumble boards placed on top and strapped together.
4. A suitable example of ground protection can be found under section 4.5.3 of The Australian standard 4970-2009 The Protection of Trees on Development Sites.
5. Ground protection must be in place Prior to Demolition including site preparation and remain in place for the duration of the construction work
Reason: To limit compaction around protected trees.
PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE
13. C.1 - Construction site management plan Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and approved by the certifier. The plan must include the following matters: · Before commencement of any works, safety barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath. · 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. · protection measures of existing Council pipe system, trees and street assets. The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.
Council Approvals
1. Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval. 2. Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.
Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.
14. C.2 - Erosion and sediment control plan Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier:
· Council’s development control plan, · the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and · the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).
The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.
Reason: To ensure no substance other than rainwater enters the stormwater system and waterways
15. 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.
16. C.24.E - Structural engineer’s details The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following: · underpinning; · retaining walls; · footings; · reinforced concrete work; · structural work; · upper level floor framing; and where relevant in accordance with any recommendations contained in an approved geotechnical report.
Reason: To ensure structural adequacy.
17. 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.
The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.
Reason: To protect neighbouring buildings.
18. 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 and 3.1. The full section of vehicular crossing and driveway shall be prepared and certified by qualified Traffic Engineer and submitted to Traffic section of Council for approval.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 4.0. 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 traffic 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 section of the driveway between fence line and kerb line shall be perpendicular to kerb. g) 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
19. 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.
20. D.2 - Tree protection measures Before the commencement of any site or building work, the principal certifier must ensure the measures for tree protection detailed in the construction site management plan are in place.
Reason: To protect and retain trees.
21. 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).
22. 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).
23. 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).
24. 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(ies) no less than 14 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
25. 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. OR IF A MAJOR RESIDENTIAL FLAT BUILDING 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.
26. 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)
27. 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.
28. 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.
29. 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. OR 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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: d) retaining walls; e) footings; f) reinforced concrete work; g) structural steelwork; h) upper level floor and roof framing; and i) as requested by the Council.
Reason: EP&A Act requirement.
35. 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.
36. 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
37. 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.
38. E.21 – Special Condition – Excavation for Pool Excavation required for the installation of the pool: 1. Must be overseen by the project arborist.
2. Be undertaken from inside the footprint of the pool (where applicable)
3. Ground protection is required for excavation machinery where located within the TPZ of adjoining trees.
4. Roots discovered within the excavated area must be documented and cleanly pruned with a sharp implement.
6. Pool wastewater must be connected to existing systems. The connection point to existing systems must not bisect the Structural Root Zone of protected trees.
7. Installation of wastewater services must be overseen by the Project Arborist where lines bisect the Tree Protection Zone of Retained trees.
8. Excavation for wastewater connection is to be undertaken using non-destructive methods (Hand tools, Hydrovac, Directional Drilling) where located within the Tree protection Zone of any retained trees.
9. No roots greater than 40mm diameter are to be damaged / severed as part of works.
10. Roots less than 40mm diameter than conflict with services must be documented by the project arborist within a compliance certificate and pruned using a sharp implement.
11. Service location must be flexible, with a 200mm diameter buffer allowed to roots greater than 40mm diameter to allowed for future growth. Reason: To protect trees during construction
PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE
39. 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. · Signed plans by a registered surveyor clearly showing the surveyor’s details and date of signature. · Certification from suitable engineer that the swimming pool has been constructed satisfying relevant Australian standards. · Certification from suitable licenced contractor that all works have been constructed satisfying relevant Australian standards. · Certification from a Traffic Engineer for a swept paths for proposed car parking space and basement car park in forward in/out directions. · Certification from qualified structural engineer that the proposed construction has been completed according to approved plan and structurally satisfied.
The principal certifier must provide a copy of the plans to Council with the occupation certificate.
Reason: To confirm that the proposed works have been constructed satisfactorily as per approved plans.
40. F.2 - Completion of public utility services Before the issue of the relevant occupation certificate, the principal certifier must ensure any adjustment or augmentation of any public utility services including gas, water, sewer, electricity, street lighting and telecommunications, required as a result of the development, is completed to the satisfaction of the relevant authority.
Before the issue of the occupation certificate, the 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.
41. 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.
42. 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.
43. F.5 - Repair of infrastructure Before the issue of an occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.
Note: If the council is not satisfied, the whole or part of the bond submitted will be used to cover the rectification work.
Reason: To ensure any damage to public infrastructure is rectified.
44. F.6 - Removal of waste upon completion Before the issue of an occupation certificate, the principal certifier must ensure all refuse, spoil and material unsuitable for use on-site is removed from the site and disposed of in accordance with the approved waste management plan. Written evidence of the removal must be supplied to the satisfaction of the principal certifier.
Before the issue of a partial occupation certificate, the applicant must ensure the temporary storage of any waste is carried out in accordance with the approved waste management plan to the principal certifier’s satisfaction.
Reason: To ensure waste material is appropriately disposed or satisfactorily stored.
45. F.19 – Special Condition – Replacement Planting Trees that are removed must be replaced on a minimum 1:1 ratio to comply with provisions outlined within Part J Landscaping of the Lane Cove Council Development Control Plan (LCCDCP) 2023 unless otherwise stated within this consent.
Tree planting is to achieve canopy targets as outlined within LCCDCP Part J section 3.5 & 3.6
Trees must be replaced in accordance with the amended Landscape Plan
Trees must be 4m at time of planting, indicative tree size can be found within LCCDCP Part J 3.7.2 table 1.4
Tree selected must be from a registered nursery and comply with provisions outlined within AS2303:2018 Tree Stock for Landscape Use.
All landscaped areas must have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.
Trees must be installed and signed off by the project arborist Prior to the issue of an Occupation Certificate.
Reason: To achieve canopy targets as outlined within LCCDCP Part J section 3.5 & 3.6.
PART H - OCCUPATION AND ONGOING USE
46. 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 1. 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.
47. 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 and pollution control pit) 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.
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The decision of the Panel was unanimous |
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The meeting closed at 6.10pm
Approved by the Chair
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