Minutes of Lane Cove Local Planning Panel

Lane Cove Local Planning Panel 29 July 2025

Minutes

PRESENT: Mr Carl Scully, Chairman

Ms Judith Clark, Planning Expert

Mr Michael Files, Planning Expert

Ms Melanie Naidoo, Community Representative

ALSO PRESENT: Mr Mark Brisby, Director Planning & Sustainability

Mr Rajiv Shankar, Manager Development Assessment

Mr Andrew Bland, Senior Town Planner

Ms Kirsten Picard, Town Planner

Mr Ken Yang, Development Engineer Traffic

Ms Angela Panich, Panel Secretary

DECLARATIONS OF INTEREST: Nil

Apologies

Nil

Lane Cove Local Planning Panel Reports

118 - 120 Longueville Road, Lane Cove NSW 2066

DETERMINATION

That the Lane Cove Local Planning Panel at its meeting of 29^th July 2025, exercising the functions of the Council as the Consent Authority pursuant to Clause 4.16 of the Environmental Planning and Assessment Act 1979, approve a variation to the Building Height prescribed by Clause 4.3 of the Local Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan. The proposed development would be in the public interest as it is consistent with the objectives of that particular standard and the objectives for development within the zone.

That pursuant to Section 4.16(1) of the Environment Planning and Assessment Act 1979 the Lane Cove Local Planning Panel at is meeting of 29^th July 2025, exercising the functions of Council as the consent authority, grant consent to Development Application DA56/2025 for the proposed alterations and additions to an existing commercial building, subject to the following conditions:

General Conditions

· Development Application DA56/2025

· For proposed alterations and additions to an existing commercial building to enclose the first floor service terrace and minor localised demolition works.

· On 118-120 Longueville Road, Lane Cove

PART A – General

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.

Plan No	Revision	Plan Title	Drawn By	Dated
DA01	-	Proposed Roof/Site Plan	Dalgliesh Ward Architects	May 2025
DA02	-	Proposed First Floor Plan	Dalgliesh Ward Architects	May 2025
DA03	-	Ground Floor Plan – Existing	Dalgliesh Ward Architects	May 2025
DA04	-	Proposed Section and Elevations	Dalgliesh Ward Architects	May 2025
DA05	-	Proposed GFA Calculations	Dalgliesh Ward Architects	May 2025

Document Title

Version No.

Prepared By.

Dated Title.

Statement of Environmental Impacts

SZ Planning

Clause 4.6 Height

SZ Planning

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.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:

Security deposit	Revision
Infrastructure damage bond	$5000.00

A $5000.00 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.

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

3. A.5 - Payment of development contributions

Payment of section 7.11 contributions

Prior to the issue of a Construction Certificate the total contribution payable to Council under this condition is $10,998.43 as calculated at the date of this consent, in accordance with Section 7.11 Contribution Rates 2025/26.

Payment method: Payment must be in the form of a bank cheque. Personal cheques or bank transfers will not be accepted.

Reason: To ensure development contributions are paid to address the increased demand for public amenities and services resulting from the approved development.

4. A.9.T 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.

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 2 working days for approval

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:

1. As per survey plan, there is no pollution control pit at this site. One pollution control pit (as shown in section 3.4.1 in Part O of Council’s stormwater DCP) with mesh (RH3030) and sump(300mm) is required at start of the kerb connection pipe within site.

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.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.

PART C – BEFORE THE ISSUE OF A CONSTRUCITON CERTIFICATE

8. 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 covering work area. 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

· 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

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.

9. C.3 - Waste management plan (WMP)

Before the issue of a construction certificate, the applicant is to ensure that a 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) Council’s Development Control Plan (Part Q: Waste Management and Minimisation).

b) details the following:

- the contact details of the person(s) removing the waste

- an estimate of the waste (type and quantity) and whether the waste is expected to be reused, recycled or go to landfill

- the disposal and destination of all waste material spoil and excavated material

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.

10. 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, public roads 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.

11. C.23.B - Sydney Water requirements

The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” for approval. A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water.

Reason: To comply Sydney Water requirements.

12. C.24.E - Structural engineer’s details

The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following:

· underpinning;

· 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

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

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

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

14. D.3 - Signs on site

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

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

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

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

Any such sign is to be maintained while the building work or demolition work is being carried out but must be removed when the work has been completed.

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

Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3).

PART E – WHILE BUILDING WORK IS BEING CARRIED OUT

15. 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.

Reason: To protect the amenity of the surrounding area.

16. 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)

17. 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.

18. 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.

19. 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.

20. E.13 - Waste management

While building work, demolition or vegetation removal is being carried out, the principal certifier must be satisfied all waste management is undertaken in accordance with the approved waste management plan.

Upon disposal of waste, the applicant is to compile and provide records of the disposal to the principal certifier, detailing the following:

· The contact details of the person(s) who removed the waste

· The waste carrier vehicle registration

· The date and time of waste collection

· A description of the waste (type of waste and estimated quantity) and whether the waste is expected to be reused, recycled or go to landfill

· The address of the disposal location(s) where the waste was taken

· The corresponding tip docket/receipt from the site(s) to which the waste is transferred, noting date and time of delivery, description (type and quantity) of waste.

Note: If waste has been removed from the site under an EPA Resource Recovery Order or Exemption, the applicant is to maintain all records in relation to that Order or Exemption and provide the records to the principal certifier and Council.

Reason: To require records to be provided, during construction, documenting that waste is appropriately handled.

21. 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 steelwork;

f) upper level floor and roof framing; and

g) as requested by the Council.

Reason: EP&A Act requirement.

22. 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.

23. E.19.B – Encroachments

1. No portion of the proposed structure shall encroach onto the adjoining properties and/or road reserve.

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

PART F – BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

24. 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.

· The stormwater from new roof/impervious area can be connected to existing drainage system. In this case, a hydraulic engineer’s or qualified plumber’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 all works have been constructed satisfying relevant Australian standards.

· 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.

25. 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.

26. 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.

27. 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.

Reasons for Decision

The panel noted that the request for additional height above the LEP control was modest and justified given the fall of the property and applicant’s wish to provide cover for the top floor of an already existing building.

In the circumstances the panel believes that insistence on compliance with the height control in these circumstances would be both unreasonable and unnecessary. The panel determined that the 4.6 application was well founded and therefore that the DA warranted approval.

The decision of the Panel was unanimous

46-48 Nicholson Street, St Leonards

DETERMINATION

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 it’s meeting of 29 July 2025, exercising the functions of Council as the consent authority, grants development consent to:

· Development Application: DA32/2025

· For the demolition of existing structures and the removal of trees.

· On 46-48 Nicholson Street, St Leonard’s.

subject to the following conditions:

PART A – GENERAL CONDITIONS

1. A.1 - Approved plans and supporting documentation

Plan No	Revision	Plan Title	Drawn By	Dated
A-DA-1101	2	SITE PLAN AND SITE ANALYSIS	Cox Architecture	22/05/2025
A-DA-1102	2	DEMOLITION PLAN	Cox Architecture	22/05/2025
A-DA-1103	2	TREE REMOVAL PLAN	Cox Architecture	22/05/2025
24-1018-CIV-060	P1	EROSION AND SEDIMENT CONTROL PLAN	HJ Consult	24/06/2024
24-1018-CIV-061	P1	EROSION AND SEDIMENT CONTROL DETAILS SHEET 1	HJ Consult	24/06/2024
24-1018-CIV-062	P1	EROSION AND SEDIMENT CONTROL DETAILS SHEET 2	HJ Consult	24/06/2024

Document Title	Version No.	Prepared By.	Dated Title.
Demolition Traffic Management Plan	Rev C	JM - JMT Consulting	11/07/2025
Demolition Traffic Management Plan Approval Letter	-	Lane Cove Council	-
Demolition Waste Management Plan	Rev B	WSP	10/12/2024
Hazardous Materials Survey	Rev 0	JBS&G Australia Pty Ltd	31/04/2023

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 – Appointment of a Principal Certifier

A Principal Certifier is to be appointed prior to the commencement of any demolition, tree removal or site preparation works. Lane Cove Council is to be notified of this appointment.

Reason: To ensure the appointment of a principal certifier.

3. A.2a – Construction Certificate

The submission of a Construction Certificate and its issue by Council or Principal Certifier prior to the commencement of any demolition, tree removal or site preparation works.

Reason: To ensure the relevant requirements are satisfied.

4. A.3 - Payment of security deposits

Prior to the commencement of any demolition, tree removal or site preparation works, and before 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:

Security deposit	Amount
Infrastructure damage bond	$17,000.00
Council owned trees	$3,000.00

The payments will be used for the cost of:

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

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

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

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

Prior to the commencement of any demolition, tree removal or site preparation works, and before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy of $5,544.00 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.

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

All landscape works shall be undertaken in accordance with the approved landscape plan(s), Arborist Report, tree management plan and transplant method statement as applicable, as modified by any conditions of consent.

The following trees shall be retained:

Tree No.	Species	Location	Dimension (meters)
40	Eucalyptus paniculata	Council Road Reserve Nicholson Street frontage.	3.5 x 1.8m
41	Eucalyptus paniculata	Council Road Reserve Nicholson Street frontage.	3.5 x 1.8m

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

Tree No.	Species	Location	Dimension (meters)
1	Glochidion ferdinandi	Council Road Reserve Christie Street frontage	7 x 3m
2	Photinia robusta	Council Road Reserve Christie Street frontage	5 x 6m
3	Cupressus x sp	Council Road Reserve Christie Street frontage	10 x 3m
5	Vibernum tinus	Council Road Reserve Christie Street frontage	4.5 x 1.8m
6	Vibernum tinus	Council Road Reserve Christie Street frontage	9.5 x 5m
7	Grevillea whiteana ‘Moonlight’	Subject site	3.5 x 2m
8	Grevillea whiteana ‘Moonlight’	Subject site	3.5 x 2.5m
9	Photinia robusta	Council Road Reserve Nicholson Street frontage	7 x 4.5m
10	Photinia robusta	Council Road Reserve Nicholson Street frontage	7 x 4m
11	Photinia robusta	Council Road Reserve Nicholson Street frontage	7 x 4.5m
17	Melaleuca quinquenervia	Council Road Reserve Nicholson Street frontage	25 x 9m
18	Murraya paniculata	Subject site	2.8m
19	Howea fosteriana	Subject site	11 x 2.8m
21	Callistemon viminalis	Council Road Reserve Nicholson Street frontage	6.5 x 4.5m
22	Eucalyptus scoparia	Council Road Reserve Nicholson Street frontage	19 x 8m
23	Callistemon viminalis	Council Road Reserve Nicholson Street frontage	6 x 2m

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

Lane Cove local government area in accordance with State Environmental Planning policy (Biodiversity and Conservation) 2021. Chapter 2, Part 2.2, section 2.6 of this Sepp states:

“A person must not clear vegetation in a non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part “Clearing of vegetation includes “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.” Removal 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.

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

7. A.7.A – Public Domain Works

a) A 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.

b) The design of the public domain surrounding the site shall be completed in conjunction with the objectives and provisions relating to Part D of the Lane Cove Development Control Plan - Commercial Development and Mixed Use Localities – Locality 1 - St Leonards Key precincts – Block 4: Nicholson Precinct, in consultation with Council staff and other relevant specifications.

The applicant is to obtain public domain works approval from Council’s Director - Open Space and Infrastructure (or delegated staff) for the overall design scheme, all materials, lighting, path design and landscaping.

The applicant is to receive concept approval of the public domain works from Council’s Director - Open Space and Infrastructure, Prior to the issue of the relevant Construction Certificate (consent for the construction works).

The public domain works are to be completed Prior to the Issue of the relevant Occupation Certificate (consent for the construction works) to the written satisfaction of Council’s Director - Open Space and Infrastructure.

The public domain works required by this consent include:

1. Paving design upgrades and specifications to be arranged with Council for pedestrian footpath (i.e. 2.5m), landscaping, kerb and gutter to Council specifications to Christie and Nicolson Streets adjoining the frontage of the site.

2. Reinstatement of all public infrastructure damages identified in dilapidation report for public infrastructure required to be retained.

3. A minimum of 11 x 200Ltr Waterhousia floribunda street trees to be planted in a minimum of 40m3 soil volume per tree created by the installation of a structural root cell system to Council specification along the Christie and Nicolson Street frontages of the site.

Where this consent specifies additional public domain works in other conditions, the approval of the works is also required in accordance with this condition.

Reason: To manage impacts to Council’s assets.

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

Where the applicant requires the use of plant equipment 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 2 working days for approval.

Reason: To manage impacts to Council’s assets.

9. A.12.E - Existing Drainage Infrastructure

There is a drainage pipe system (450mm) running through the site. It must be accurately located and marked on the Demolition site management plan, Prior to the commencement of any demolition, tree removal or site preparation works, and before the issue of a construction certificate.

The applicant must take appropriate safety measures to protect this pipe system and carry out a CCTV (On USB) survey. The full reports of the existing pipe system with CCTV (On USB) reports are to be submitted to Council. Two CCTV (On USB) reports are to be completed by a suitably qualified person and submitted to Council and the Principal Certifier in accordance with the following:

a) The first report shall be done prior to the commencement of any demolition, tree removal or site preparation works, and before the issue of a construction certificate

b) The second report shall be done following the completion of demolition works and before the issue of the relevant occupation certificate.

Reason: To ensure the protection of Council’s Stormwater Infrastructure.

PART B – PRIOR TO DEMOLITION WORKS AND BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

The proposed development is to satisfy the requirements and recommendation of the approved Demolition Traffic Management Plan by JMT Consulting and dated 11 July 2025, (including the conditions provided from Council’s Traffic team), except where modified by any conditions of this consent which prevail over the DTMP. This specifically includes, but is not limited to, the Hours of Work as specified in Condition 19 of this consent.

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

11. 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.

12. B.5 - Demolition site management plan

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

· 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 and shall be erected before the commencement of any works.

· 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 demolition as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

· pedestrian and vehicular site access points and demolition activity zones

· details of demolition 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 demolition traffic management plan shall comply with the requirements of Part R of the Lane Cove Development Control Plan 2009 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.

· 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 demolition 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.

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

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

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 plant equipment 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 demolition.

13. B.15 - Erosion and sediment controls in place

Prior to the commencement of any demolition, tree removal or site preparation works, and before the issue of a construction certificate, the principal certifier must be satisfied the erosion and sediment controls in the approved Erosion and Sediment Control Plan, dated 24/06/2024, are in place until the demolition works are complete.

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

14. B.16 - Signs on site

A sign must be erected in a prominent position on any site on which 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).

15. B.17.5 - Dilapidation report

Prior to the commencement of any demolition, tree removal or site preparation works, and 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. B.18 - Notice regarding dilapidation report

Prior to the commencement of any demolition, tree removal or site preparation works, and before the issue of a construction certificate, the principal certifier must ensure the adjoining building owners and Council is provided with a copy of the dilapidation report for their properties no less than 7 days before the commencement of any site or demolition 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 DEMOLITION WORK IS BEING CARRIED OUT

17. 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 the commencement of any demolition works.

Reason: To ensure worker and public health and safety.

18. 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.

19. E.1B - Hours of Work – Large Scale Developments

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.

Note: Where there is inconsistency between hours of work in any other document, this condition prevails.

Reason: To protect the amenity of the surrounding area.

20. E.7 – Demolition noise

The Principal Certifier is to ensure that during demolition and works, that any noise caused by demolition, vegetation removal or works does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where these works are being carried out.

Reason: To protect the amenity of the neighbourhood.

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

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

22. 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.

23. E.19.B – Encroachments

If a Council stormwater pipe is located at site during demolition, Council is to be immediately notified. Where necessary the drainage line is to be reconstructed or relocated to be clear of the works. The Applicant 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. The 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

24. 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.

No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 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 delivered and stored within the subject site.

Reason: To mitigate adverse environmental impacts on the surrounding area.

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

25. F.2 - Completion of public utility services

Prior to 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 relevant occupation certificate, the principal certifier must request written confirmation from the relevant authority that the relevant services have been completed.

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

26. F.3 - Post-demolition dilapidation report

Prior to the issue of the relevant occupation certificate, a suitably qualified engineer must prepare a post-demolition dilapidation report, to the satisfaction of the principal certifier, detailing whether:

a) after comparing the pre-demolition dilapidation report to the post-demolition 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.

Prior to the issue of the relevant occupation certificate, the principal certifier is to provide a copy of the post-demolition 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.

27. F.4 - Preservation of survey marks

Prior to the issue of the relevant 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.

28. F.5 - Repair of infrastructure

Prior to the issue of the relevant occupation certificate, the applicant must ensure any public infrastructure damaged as a result of the carrying out of demolition 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.

29. F.6 - Removal of waste upon completion

Prior to the issue of the relevant 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.

Prior to the issue of the relevant 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

30. H.1 - Release of securities / bonds

When Council receives the relevant occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 4. 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.

Reasons for Decision

The panel noted that this DA sought approval for demolition and removal of trees only and that excavation and construction would be subject to two separate planning processes. The panel was satisfied that the proposed demolition traffic impact was acceptable and supported the request for removal of trees. Tree replacements and landscaping will be included in the upcoming application. The panel determined to support the application.

The decision of the Panel was unanimous

The meeting closed at 5.15pm

********* END OF MINUTES *********