Minutes of Lane Cove Local Planning Panel

Lane Cove Local Planning Panel 3 March 2022

Minutes

PRESENT: Mr Mark Gifford, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Jane Blackmore, Community Representative

ALSO PRESENT: Mr Rajiv Shankar, Manager Development Assessment, Mr Chris Shortt, Senior Planner, Mr Henry Burnett, Senior Planner, Mr Andrew Bland, Planner and Ms Angela Panich, Panel Secretary

APOLOGIES: Mr Mark Brisby, Executive Manager, Environmental Services

DECLARATIONS OF INTEREST: Nil

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being webcast.

Lane Cove Local Planning Panel Reports

243 Longueville Road, Longueville

DETERMINATION

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 3 March 2022, exercising the functions of Council as the consent authority, approve Development Application DA147/2021 for covered outdoor gas pizza oven at 243 Longueville Road, Longueville (Lot 1 DP 917402) subject to the following conditions of consent:

General Conditions

1. (20) That the development be strictly in accordance with:

· Drawing number/s A-1.01, A-1.02, A-3.01, A-4.01, A-4.02, A-5.01, A-5.02

· Dated July 2021

· By MKD Architects

except as amended by the following conditions.

Reason: To ensure the development is in accordance with the determination.

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

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

3. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

Reason: Statutory requirement.

4. (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

Reason: Statutory requirement.

5. (17) An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.

Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.

6. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive) 7.00am to 5.30pm

Saturday 7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

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.

Reason: To ensure reasonable amenity is maintained to the neighbouring properties.

7. (36) 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 protect the environment and public amenity.

8. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

Reason: To protect the environment and public amenity.

9. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

Reason: To protect the environment and public amenity.

10. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate:

a) the name, address and telephone number of the Principal Certifier;

b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c) a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

Reason: To ensure public safety and public information.

11. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

Reason: To protect the environment.

12. (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or willfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. 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. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

Reason: To protect the environment.

13. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

Reason: To ensure public safety.

14. (72) The demolition works being confined within the boundaries of the site.

Reason: To ensure compliance with the determination and public safety.

15. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

Reason: To ensure public safety.

16. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

Reason: To comply with Work Health and Safety Regulations and ensure public safety.

17. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

Reason: To ensure compliance with the Australian Standards.

18. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

Reason: To ensure all works are carried out lawfully.

19. (141) Long Service Levy Compliance with Section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

Reason: To ensure the levy is paid.

Engineering Conditions

20. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

Reason: To ensure all works are in accordance with Council’s requirements

21. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

Reason: To ensure public safety and amenity

22. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

Reason: To ensure public works are carried out in accordance with Council’s requirements

23. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 4 working days for approval.

Reason: To ensure public safety

24. (A5) Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

Reason: To maintain Council infrastructure

25. (A6) Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

Reason: To protect, maintain and provide utility services

26. (A7) Pedestrian Access Maintained: 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’.

Reason: To ensure pedestrian access is maintained

27. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

Reason: To protect public infrastructure

28. (A9) Services: 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.

Reason: To protect and maintain infrastructure assets

29. (B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Reason: To protect and maintain public infrastructure

30. (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Part O of Lane Cove Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced. A drainage design is required detailing the proposed stormwater replacement works. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

Reason: To ensure existing and proposed stormwater system comply with Council’s requirements

31. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber, engineer is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

· Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

Reason: To ensure stormwater infrastructure is in accordance with Australian Standards and Council’s requirements

Environmental Health Conditions

32. Air Quality: The pizza oven is to be constructed in accordance with the Air Quality Assessment (dated 14 December 2021) prepared by Todoroski Air Sciences (reference number 21111365_LonguevilleSportingClub_PizzaOven_ AQ_211214. docx).

Reason: To ensure reasonable air quality is achieved.

33. C.19.EH - Construction and fit-out of food premises

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, the construction and fit-out of any food premises must comply with the following:

i) The Food Act 2003 (as amended);

ii) Food Regulation 2015 (as amended);

iii) Australia and New Zealand Food Standards Code;

iv) Australian Standard AS 4674 – 2004 (Design, construction and fit-out of a food premises);

v) Sydney Water – trade Waste Section;

vi) The Protection of the Environment Operations Act 1997; and

vii) The Building Code of Australia.

A certificate of compliance with (iv) for the proposed kitchen design shall be submitted to the Principal Certifying Authority, prior to issuing the relevant Construction

Certificate.

Reason: To ensure food preparation areas meet the relevant requirements.

34. H.6 – Food premises (ongoing use)

On-going operation of any food premises is to be maintained in accordance with:

i) the Food Act 2003 (as amended),

ii) Food Regulation 2015 (as amended),

iii) the Food Standards Code as published by Food Standards Australia & New Zealand,

iv) Australian Standard AS 4674-2004: Construction and fit out of food premises (as amended),

v) Sydney Water Corporation – Trade Waste Section, and

vi) The Protection of the Environment Operations Act 1997.

Reason: To satisfy Council’s Engineering requirements. To ensure food and health safety.

35. H.7.EH - Noise

On-going use of the approved development shall not give rise to any offensive noise as defined in the PEOA Act 1997, including noise from any mechanical plant, public address system or sound amplifying equipment.

Reason: To satisfy Council’s Engineering requirements. To ensure acoustic amenity.

Panel Reasons

There were no objections received by Council to the application. The Panel members accompanied by Council staff inspected the site. The Panel also considered drawings, plans and photographs pursuant to the application and Council’s report to the Panel. The Panel accepted Council’s recommendation to approve the application subject to the conditions detailed above.

The decision of the Panel was unanimous.

146 Longueville Road Lane Cove

DETERMINATION

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 3 March 2022, exercising the functions of Council as the consent authority, approve Development Application DA172/2021 for alterations and additions to a mixed use building at 146 Longueville Road, Lane Cove subject to the following conditions of consent:

1. That the development be strictly in accordance with:

Drawing no:	Prepared by:	Dated:
Site Plan Ground Floor Plan 1.01 Rev A	Pavela Architects	Oct 2021
Basement Floor Plan 1.02 Rev A	Pavela Architects	Oct 2021
First Floor Plan 1.03 Rev A	Pavela Architects	Oct 2021
Second Floor Plan 1.04 Rev A	Pavela Architects	Oct 2021
Roof Plan 1.05 Rev A	Pavela Architects	Oct 2021
Elevations (West and East) 2.01 Rev A	Pavela Architects	Oct 2021
Elevations (South) 2.02 Rev A	Pavela Architects	Oct 2021
Elevations (North) 2.03 Rev A	Pavela Architects	Oct 2021
Section 3.01 Rev A	Pavela Architects	Oct 2021
Proposed External Finishes Schedule	Pavela Architects	-

except as amended by the following conditions.

Reason: To ensure the development is in accordance with the determination.

2. A Traffic Management Plan: A Traffic Management Plan (TMP) is to be submitted. The TMP is required to address the impact of traffic/parking from the demolition and the construction phase of the project. The plan is to be submitted in accordance with Council’s commitment to reducing traffic/parking impacts on the surrounding residential and commercial area. This is to be submitted prior to construction being carried out.

Reason: To ensure reasonable amenity is maintained to the neighbouring properties and to the current workers on the subject site.

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

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

4. The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

Reason: To protect the environment.

Building Conditions

5. No external combustible cladding is permitted on the building.

Reason: Safety and amenity.

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

Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy of 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.

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 license number of the Demolisher / Asbestos Removal Contractor.

- Details of hazardous materials (including asbestos).

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

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

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

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

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

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

- Date the demolition works will commence.

Reason: To ensure health and safety.

10. C.1 - Construction site management plan

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

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

· provisions for public safety

· pedestrian and vehicular site access points and construction activity zones

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

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

· details of any bulk earthworks to be carried out

· location of site storage areas and sheds

· equipment used to carry out all works

· a garbage container with a tight-fitting lid

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

· location of temporary toilets.

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

Council Approvals

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

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

11. 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.

12. C.4 - Utilities and services

Before the issue of the relevant construction certificate, the applicant must submit the following written evidence of service provider requirements to the certifier:

a) a letter of consent from the electrical service provider demonstrating that satisfactory arrangements can be made for the installation and supply of electricity.

b) a response from the water authority as to whether the plans proposed to accompany the application for a construction certificate would affect any infrastructure, and whether further requirements need to be met.

c) other relevant utilities or services - that the development as proposed to be carried out is satisfactory to those other service providers, or if it is not, what changes are required to make the development satisfactory to them.

Reason: To ensure relevant utility and service providers requirements are provided to the certifier.

13. 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.

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

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

 underpinning;

 retaining walls;

 footings;

 reinforced concrete work;

 structural steelwork;

 upper level floor framing;

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

Reason: To ensure structural adequacy.

15. As per the letter prepared by N. Koloff & Associates and dated 20/12/2021 the proposed second floor extension will not rely on the existing dividing party walls.

Reason: Structural safety and amenity.

16. 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).

17. D.4 - Compliance with Home Building Act (if applicable)

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).

18. 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

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 8.00am 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.

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

Reason: To protect the amenity of the surrounding area.

19. 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)

20. 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.

21. E.6 - Surveys by a registered surveyor

While building work is being carried out, a registered surveyor is to measure and mark the positions of the following and provide them to the principal certifier —

a) All footings/ foundations

b) At other stages of construction – any marks that are required by the principal certifier.

Reason: To ensure buildings are sited and positioned in the approved location.

22. E.10 - Shoring and adequacy of adjoining property (if applicable)

If the development involves any excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land (including any structure or work within a road or rail corridor), the person having the benefit of the development consent must, at the person’s own expense —

a) Protect and support the building, structure or work from possible damage from the excavation, and

b) Where necessary, underpin the building, structure or work to prevent any such damage.

This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Reason: Prescribed condition - EP&A Regulation clause 98E

23. 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.

24. 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

25. G.1.B - Sydney Water requirements

A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water.

Reason: Sydney Water requirement.

26. H.2 - Annual fire safety certificate (if applicable)

During occupation and ongoing use of the building, the applicant must provide an annual fire safety statement to Council and the Commissioner of Fire and Rescue NSW in accordance with clause 177 of the EP&A Regulation.

Reason: To satisfy Council’s Engineering requirements to ensure annual checks on fire safety measures.

General Engineering Conditions

27. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

Reason: To ensure all works are in accordance with Council’s requirements

28. (A2) Materials on Roads and Footpaths: Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

Reason: To ensure public safety and amenity

29. 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. The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

Reason: To protect the environment and public amenity.

30. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

Reason: To ensure public works are carried out in accordance with Council’s requirements

31. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 4 working days for approval.

Reason: To ensure public safety

32. (A5) Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

Reason: To maintain Council infrastructure

33. (A6) Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

Reason: To protect, maintain and provide utility services

34. (A7) Pedestrian Access Maintained: 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’.

Reason: To ensure pedestrian access is maintained

35. (A8) Council Drainage Infrastructure: Council is to be immediately notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

Reason: To protect public infrastructure

36. (A9) Services: 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.

Reason: To protect and maintain infrastructure assets

Engineering conditions to be complied with prior to Construction Certificate

37. (B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Reason: To protect and maintain public infrastructure

38. (D5) Dilapidation Report: The applicant is to provide a dilapidation report of all adjoining properties, roads and any of Council’s and public infrastructure located within the zone of influence of the proposed excavation.

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

Reason: To provide a record of public and private infrastructure

39. (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Part O of Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O of Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Reason: To ensure existing and proposed stormwater system comply with Council’s requirements

Engineering condition to be complied with prior to commencement of construction

40. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

Reason: To ensure worksite pollutions are controlled accordingly to protect the

Environment

41. (D7) Safety fence along the boundary of the property: Before commencement of any works, 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.

Reason: To ensure safety of road and footpath users

Engineering condition to be complied with prior to Occupation Certificate

42. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumb or engineer is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

· Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

Reason: To ensure stormwater infrastructure is in accordance with Australian Standards and Council’s requirements.

Landscaping Conditions

43. Rooftop planting on structure; irrigation:

To assist with the growing environment of the rooftop planter boxes, a fully automated drip irrigation system is to be designed and installed by a suitably qualified irrigation company that meets the relevant Australian Standards. The system is to be tested and approved by Council prior to issue of the Occupation Certificate.

Reason: Ensure the health of landscaping.

44. Rooftop planting on structure:

The rooftop planter box planting scheme shall include minimum soil depths of 500mm to accommodate plant sizes (shrubs) capable of providing sufficient amenity to the users of the rooftop garden within 24 months of their installation.

Reason: Ensure the health of landscaping.

Panel Reasons:

There were no objections to the application received by Council. The Panel members accompanied by Council staff inspected the site. The Panel considered drawings, plans and photographs pursuant to the application and Council’s report to the Panel. The Panel accepted Council’s recommendation to approve the application subject to the conditions detailed above.

The decision of the Panel was unanimous.

9 Upper Cliff Road, Northwood.

DETERMINATION

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 3 March 2022, exercising the functions of Council as the consent authority, approve Development Application DA184/2021 for alterations and additions including the erection of a first floor on 9 Upper Cliff Road, Northwood subject to the following conditions of consent:

General Conditions

1. (20) That the development be strictly in accordance with:

· Drawing number/s A105, A106, A107, A108 and A110.

· Dated 02/02/2022

· By C K ARCHITECTS

except as amended by the following conditions.

Reason: To ensure the development is in accordance with the determination.

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

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

3. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

Reason: Statutory requirement.

5. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the Principal Certifier (PC) that they have complied with the applicable requirements of Part 6. Council as the PC will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

Reason: Statutory requirement.

6. (17) An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.

Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.

Reason: To protect the environment and public amenity.

9. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

Reason: To protect the environment and public amenity.

a) the name, address and telephone number of the Principal Certifier;

b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c) a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

Reason: To ensure public safety and public information.

11. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

Reason: To protect the environment.

13. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifier, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-

c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d) Framework including roof and floor members when completed and prior to covering.

e) Installation of steel beams and columns prior to covering.

k) Completion.

Reason: Statutory requirement.

14. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

e) structural steelwork;

f) upper level floor framing;

Reason: Statutory requirement.

15. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

Reason: To ensure structural adequacy.

16. Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

a The establishment of the first floor level;

b The roof framing; and

c The completion of works.

Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

Reason: To ensure the development is in accordance with the determination.

17. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

Reason: To ensure public safety.

18. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

Reason: To comply with Work Health and Safety Regulations and ensure public safety.

19. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

Reason: To ensure compliance with the Australian Standards.

20. (130) Compliance with the Waste Management Plan submitted along with the application.

Reason: To protect the surrounding environment.

21. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

Reason: To ensure all works are carried out lawfully.

22. (141) Long Service Levy Compliance with Section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

Reason: To ensure the levy is paid.

23. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

Reason: Statutory requirement.

General Engineering Conditions

24. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

Reason: To ensure all works are in accordance with Council’s requirements.

25. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

Reason: To ensure public safety and amenity is maintained.

26. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

Reason: To ensure public works are carried out in accordance with Council’s requirements.

27. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 4 working days for approval.

Reason: To ensure public safety is maintained.

28. (A5) Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

Reason: To maintain Council infrastructure.

29. (A6) Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

Reason: To protect, maintain and provide utility services.

30. (A7) Pedestrian Access Maintained: 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’.

Reason: To ensure pedestrian access is maintained.

31. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. The applicant must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. The applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

Reason: To protect public infrastructure.

32. (A9) Services: 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.

Reason: To protect and maintain infrastructure assets.

Engineering conditions to be complied with prior to Construction Certificate

33. (B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3,000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Reason: To protect and maintain public infrastructure.

34. (D2) Drainage Plans Amendments: The stormwater drainage plan prepared by CK Architects, reference No: 21102-C1.04, revision 1 and dated on 29/11/21 is to be amended as detailed below by a qualified practising hydraulic engineer and certified by them. This amended plan shall show full details of new pipe network amended as follows and satisfies part O of the Council’s stormwater DCP 2010;

1. Proposed drainage system should show pipe sizes and invert levels up to connection point; confirming pipe system satisfies part O of Council’ storm water DCP.

2. No pipe system is directed to flow towards downstream properties if there is no easement/pipe system available.

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

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

5. 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. The details of design level difference shall be shown in plan.

The amened design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

The Principal Certifier is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, for the issue of the Construction Certificate.

Reason: To ensure the proposed stormwater designs meet and satisfies Part O of Council’s DCP 2010.

35. (R1) Rainwater Reuse Tanks: The proposed rainwater tank is required as per BASIX certificate and to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

· Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank. “On - ground” surfaces are to drain via a separate system.

· Mosquito protection & first flush device shall be fitted to the reuse tank.

· The overflow from the rainwater reuse tank is to drain to the receiving system.

· Hydraulic calculation prepared by qualified engineer for charged pipe system draining to rainwater tank and submitted to Council

· Installation of rainwater tank shall be accordance with section O6 of part O of Council DCP.

Reason: To comply with Basix and Council’s requirements.

36. (S1) Stormwater Requirement: Stormwater runoff from all new roof areas shall be collected and disposed of using the following mechanism

· Only roof areas are to drain to the reuse system with overflow to the existing system

· All other areas to drain to the existing drainage system

The design and construction of the drainage system is to fully comply with, AS-3500 and Part O, Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water to have an adverse impact upon adjoining properties.

Reason: To ensure compliance with Council’s requirements.

37. (S2) Stormwater Requirement: The existing stormwater system is to be certified that it is in good working order. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifier prior to the issue of the Construction Certificate. If a charged drainage system is proposed as a replacement of existing system, the design of the charged system shall be submitted to Council for approval. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater Management.

Reason: To ensure compliance with Council’s requirements.

Engineering conditions to be complied with prior to commencement of construction

38. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

39. (D7) Safety fence along the boundary of the property: Before commencement of any works, 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.

Reason: To ensure safety of road and footpath users.

Engineering conditions to be complied with prior to Occupation Certificate

40. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber or engineer is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifier prior to issue of any Occupation Certificate.

· Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

Reason: To ensure stormwater infrastructure is in accordance with Australian Standards and Council’s requirements.

41. (M3) Engineering Certification: A suitably qualified engineer shall certify that following has been constructed in accordance with the approved plans and is within acceptable construction tolerances.

· Rainwater tank

Certification is to be submitted to the Principle Certifier prior to the issue of the Occupation Certificate.

Reason: Statutory requirement.

Panel Reasons:

The Panel considered the written objections to the application received by Council. Panel members inspected the site and met with two of the objectors on site. The Panel carefully considered the objections as well as drawings, plans and photographs pursuant to the application and Council’s report to the Panel, including a Tenacity Assessment of affected views and that on balance the proposed development is reasonable. At the Panel meeting the Panel was also addressed by the applicant and the applicant’s architect.

Following its deliberation, including consideration of the principle relating to view sharing under the Lane Cove Development Control Plan 2010, the Panel accepted Council’s recommendation to approve the application subject to the conditions detailed above.

The decision of the Panel was unanimous.

The meeting closed at 5.40pm.

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