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RECOMMENDATION
That Council as the
consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application
No. 238/2006 for demolition of two existing commercial premises and
construction of a new 3-5 storeys commercial building at 102-104 Longueville
Road, Lane Cove, subject to the following conditions:
1. (20) That the
development be strictly in accordance with drawing number 2614, DA00 to DA08
inclusive dated 5 February 2007 prepared by Wolski Lycenko & Brecknock
Architects and the stormwater concept plan drawing number SW01-A-A2 to
SW08-A-A2 inclusive dated August 2006 prepared by Lipscombe & Associates
must be amended to be in consistent with the architectural plans.
2. (1) The submission of a
Construction Certificate and its issue by Council or Private Certifier PRIOR
TO CONSTRUCTION WORK commencing.
3. Amended Plans To Be Submitted
Amended
plans and specifications incorporating the following amendments are to be
submitted with the application for a construction certificate:
(a) The stormwater concept plan drawing number SW01-A-A2
to SW08-A-A2 inclusive dated August 2006 prepared by Lipscombe &
Associates must be amended to be in consistent with the architectural plans.
4 Balconies,
Verandahs Or Awnings Proposed Over Public
Road
For
balconies, verandahs or awnings proposed over the public road the following
conditions are to be satisfied:
(i) The structure is to be designed in
accordance with engineering standards by competent practising engineers.
(ii) A road-opening permit shall be obtained
before commencing works.
(iii) The applicant shall indicate the extent
of any service adjustments necessary, and submit with the design, proof of
approval by the relevant service authorities.
The applicant shall bear all responsibility and costs associated with
the proposed relocation of services.
(iv) The person or company carrying out the
works is to set up warning signs and barricades in accordance with relevant
Australian Standards and to prominently display a sign identifying the person
or body responsible for the work. A
contact telephone number should be provided on the sign.
(v) Should the proposed works affect any
existing State Survey Marks (SSM), prior Water Conservation, regarding their
requirements in relation to SSM. All
costs associated with any necessary relocation and/or recovery of the SSM is
the responsibility of the person or company carrying out the works.
5. Arcades
The arcades must be able to be closed to public
access at both its principal retail street and rear lane frontages. It must be open to the public every day
from 7.00am to 7.00pm.
6. Toilet Facilities
Toilet facilities in the building must be disability
accessible and well sign-posted. These
facilities shall have the same minimum opening and closing hours specified
for arcades in Condition No.5.
7. (2)
All building works and facilities are required to be carried out in
accordance with the provisions of the Building Code of Australia.
8. (11)
The approved plans must be submitted to a Sydney Water Check agent or
Customer Centre 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.
Plans will be appropriately stamped.
For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your
Business then Building & Developing then Building & Renovating or
telephone 13 20 92.
The consent authority or a private accredited
certifier must:-
· Ensure that a Quick Check agent/Sydney Water has
appropriately stamped the plans before the issue of any Construction
Certificate.
9. (17) An Occupation Certificate being obtained
from the Principal Certifying Authority before the occupation of the
building.
10. (31) All car parking spaces on site shall
comply with requirements of the Australian Standard AS 2890.1-1993
("Parking facilities, Part 1: Off-street car parking").
11. (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.
12. (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.
13. (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.
14. (38) All advertising signs/structures being
the subject of a separate development application.
15. (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.
16. (49)
Under the Home Building Regulation 1997, a signboard must be erected on the
site in a prominent position indicating in clear and legible characters the
following information:-
· The name of the Licensee shown on the licence;
· The words "Licensed Contractor” or words to
that effect;
· The number of the Licence held by the Licensee;
· Such signboard not to exceed 900 mm x 600 mm.
17. (50) The cleaning out of ready-mix concrete
trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
18. Standard
Condition (56) Where Lane Cove Council is appointed as the Principal
Certifying Authority, 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:-
a) The pier holes/pads
before filling with concrete.
b) All reinforcement
prior to filling with concrete.
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
f) Waterproofing of wet
areas
g) Stormwater drainage
lines prior to backfilling
h) Completion.
19. Standard
Condition (57) Structural Engineer's details being submitted to Council and
approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
a) underpinning;
b) retaining
walls;
c) footings;
d) reinforced
concrete work;
e) structural
steelwork;
f) upper
level floor framing
20. Standard
Condition (64) A check survey certificate is to be submitted at the
completion of:-
a Dampcourse level;
b The establishment of
the first floor level;
c The roof framing; and
d 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.
21. (66) The removal, handling and disposal of
asbestos from building sites being carried out in accordance with the
requirements of the Construction Safety Act and the Regulations details of
the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION
WORKS.
22. (67)
(a) The use of mechanical rock pick
machines on building sites is prohibited due to the potential for damage to
adjoining properties.
(b) Notwithstanding the prohibition under
condition (a), consideration will be given to the use of rock pick machines
and may be approved by Council subject to:-
(1) A Geotechnical Engineer's Report that
indicates that the rock pick machine can be used without causing damage to
the adjoining properties.
(2) The report details the procedure to be
followed in the use of the rock pick machine and all precautions to be taken
to ensure damage does not occur to adjoining properties.
(3) With the permission of the adjoining
owners and occupiers comprehensive internal and external photographs are to
be taken of the adjoining premises for evidence of any cracking and the general
state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is
refused they be advised of their possible diminished ability to seek damages
(if any) from the developers and where such permission is still refused
Council may exercise its discretion to grant approval.
(4) The Geotechnical Engineer supervises
the work and the work has been carried out in terms of the procedure laid
down.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION
MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.
23. (72) The proposed works including demolition
must be confined within the boundaries of the site.
24. (73) The site being cleared of all debris and
left in a clean and tidy condition at the completion of all works.
25. (74) All demolition works being completed
within a period of three (3) months from the date of commencement.
26. (75) Use of explosives is not permitted.
27. (76) All machinery used on the site during
demolition shall have a noise emission no greater than 75dB(A) when measured
at a radius of 7.0 metres from the specified item.
28. (77) All spillage deposited on the footpaths
or roadways to be removed at the completion of each days work.
29. (78) The site being properly fenced to
prevent access of unauthorised persons outside of working hours.
30. (87) Pedestrians' portion of footpath to be
kept clear and trafficable at all times.
31. (98) Separate approval being obtained for the
mechanical ventilation system with fully detailed plans and specifications
being submitted. The system shall
comply with the relevant provisions of A.S. 1668 and A.S. 3666.
32. (137) Lane Cove Council charges a fee of $30 for
the registration of any Part 4A Certificates (compliance, construction,
occupation or subdivision certificates) issued by an accredited certifier
under the Environmental Planning and Assessment Act.
33. Uses
–Approval Required
A separate
Development Consent must be obtained prior to the use of any retail or
commercial spaces.
34. Long
Service Levy
Compliance
with Section 109F 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% X
$1,500,000 = $5,250.00
35. ComplianceWwith
the Disability Discrimination Act - liability
This decision
does not ensure compliance with the Disability Discrimination Act. The owner,
lessee, operator and/or manager of the premises is advised that under the Disability Discrimination Act 1992, it
is illegal to discriminate against a person with a disability by means of
restricting access to or within the building.
If access is restricted the owner, lessee, operator and/or manager of
the premises may be liable for prosecution and/or a successful appeal to the
Human Rights and Equal Opportunities Commission. You should therefore investigate your
liability under that Act. Australian
Standard 1428 - Design for Access and Mobility, Parts 2, 3 and 4 may assist
in determining compliance with the Disability
Discrimination Act 1992.
36 Access Management Plan for People With
a Disability
An Access Management Plan shall be submitted to Council or the
accredited certifier before the issue of a Construction Certificate. Details for the Access Management Plan
shall include:
(a) Access
to the building for people with disabilities in accordance with the
provisions of AS4299 and AS 1428 Part 1 and the Lane Cove Access and Mobility Development Control Plan.
(b) Sanitary
facilities accessible to people with disabilities. Such facilities shall be accessible to all
persons working in or using the building.
37. Preparation of Geotechnical Report
To
ensure that the structural integrity of the proposal and neighbouring
buildings will be maintained, a full geotechnical report must be submitted to
the Council or the PCA prior to the issue of a construction certificate and
prior to the commencement of excavation works. The report must include an investigation of
site and soil conditions as well as the proposed means of construction and
must contain, where required, recommendations to ensure that excavation,
backfilling and construction, including temporary works during construction,
will not affect the structural integrity of neighbouring buildings or the
structural stability of neighbouring public land, property or services. The report is to be prepared and certified
by an appropriately qualified practicing geotechnical engineer.
All demolition, excavation, backfilling and construction must be
undertaken in accordance with the recommendations of the geotechnical report.
38. Dilapidation and Construction
Assessment Report
a) A dilapidation survey
is to be undertaken of the adjoining properties at 100 and 106 Longueville Road, Lane Cove that
could be potentially effected by the construction of this development. The
dilapidation survey shall be carried out prior to any work commencing and at
the conclusion of the development and a copy given to Council and the
adjoining owners prior to the
issue of the Construction Certificate.
b) The applicant shall,
at their own cost, rectify any damage caused to the other properties during
construction of the proposal. In this
regard, the applicant is to submit to Council and adjoining properties prior to the issue of the Construction
Certificate, a copy of the insurance policy that covers the cost of any
rectification works.
39. Support
for Neighbouring Buildings and Notice to Adjoining Owners
(1) If an excavation associated with the
erection or demolition of a building extends below the level of the base of
the footings of a building on an adjoining allotment of land, the person
causing the excavation to be made:
(a) must
preserve and protect the building from damage, and
(b) if necessary, must underpin and
support the building in an approved manner, and
(c) must at least 7 days before excavating
below the level of the base of the footings of a building on an adjoining
allotment of land, give notice of intention to do so to the owner of the
adjoining allotment of land and furnish particulars of the excavation to the
owner of the building being erected or demolished.
(2) The owner of the adjoining allotment
of land is not liable for any part of the cost of work carried out for the
purposes of this clause, whether carried out on the allotment of land being
excavated or on the adjoining allotment of land.
Notes:
(i) Details
of underpinning works, prepared and certified by a practicing structural
engineer shall be submitted to and approved by the Principal Certifying
Authority prior to the commencement of
any works.
(ii) allotment
of land includes a public road and any other public place.
40. Consolidation of Allotments Prior toOccupation
All
individual allotments involved in the development site being consolidated
into a single allotment prior to release of the Occupation Certificate.
41. Pedestrian Way to Remain Accessible
The
external public pedestrian way must be freely accessible at all times. The minimum width of the unobstructed
footpath shall be 1.5 metres.
42. Parking Spaces and
Loading Areas - Maintenance/ Line Marking/Use
The
ten (10) off-street car parking spaces and the loading/unloading areas
provided on site shall be maintained and line marked in accordance with
AS2890.1 (1993). Under no
circumstances are such spaces to be used for the storage of goods or waste
products.
43. Section
94 Contribution The payment of a Contribution of $28,236.45 towards traffic management and streetscape
improvements, open space and recreation facilities, drainage and community
facilities. The contribution to be
made prior to issue of a Construction Certificate and to be at the current
rate at the time of payment. The
amount is at the current rate of $86.35 per square metre of the additional
gross floor area. Note: Payment must
be in bank cheque, personal cheques will not be accepted.
This
contribution is under Lane Cove Council Section 94 Contributions Plan which
is available for inspection at the customer Service Counter, Lane Cove
Council, 48 Longueville Road,
Lane Cove.
Landscaping Conditions
44. (378) Submission of detailed landscape working
drawings consistent with Councils Landscape Checklist, and complies in all
respects with the conditions of the development consent (and tree protection plan where applicable), to be submitted for
Councils approval PRIOR TO THE ISSUE
OF THE CONSTRUCTION CERTIFICATE.
Each plan/ sheet is to be certified by a qualified
landscape architect / environmental designer or horticulturist. The landscape
plan is to show the treatment of common open space areas, front and rear
setbacks, balconies, any decking and raised screening or general landscaping
treatment.
45. (379) The Applicant must ensure that ‘On’
structure landscaping has adequate soil depth, volume and suitable profile to
support the number of trees and shrubs indicated on the approved DA plan.
On-structure landscape details to be submitted for Councils approval PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE.
46. (383) The Applicant must ensure that all
landscaping is completed to a professional standard, free of any hazards or
unnecessary maintenance problems and that all plants are consistent with
NATSPEC specifications.
47. (385) At least 4 suitable tree/palm species must
be planted as part of the internal courtyard landscape works. The proposed
tree/palm plantings must be tree or palm species that grow at least 4 m at
maturity. These plants must be healthy, good quality nursery stock, grown to
at least 75 L pot size, being free of girdling roots and other defects and
have a height at maturity of at least 4 m tall.
Landscape TO BE STATIFIED WITH MAJOR DEVELOPMENT PRIOR TO ISSUE OF
OCCUPATION CERTIFICATE
48. (394) A landscape
practical completion report must be prepared by the consultant landscape
architect and submitted to Council or the accredited certifier within 7
working days of the date of practical completion of all landscape works. This
report must certify that all landscape works have been completed in
accordance with the landscape working drawing. A copy of the report must be
submitted to Council PRIOR TO THE
ISSUE OF THE OCCUPATION CERTIFICATE.
Where the project is being supervised by a
private certifier, for the purposes of public record, a copy of the
certification must be forwarded to Council within five (5) working days of
the date of issue.
49. (395) A certificate
must be submitted by a qualified practising landscape architect, Landscape /
environmental designer or horticulturist, certifying that the proposed
subsoil drainage and any associated waterproofing membrane have been
installed in accordance with the details shown on the approved landscape
working drawings and specification. Works
must not progress until Council or the accredited certifier has confirmed
that this condition has been fully satisfied.
Where the project is being supervised by a
private certifier, for the purposes of public record, a copy of the
certification must be forwarded to Council within 5 working days of the date
of issue.
50. (396) Prior to issue of
the Certificate of Occupation, the applicant must submit evidence of an
agreement for the maintenance of all site landscaping by a qualified
horticulturist, landscape contractor or landscape architect, for a period of
12 months from the date of issue of the Certificate of Occupation.
51. (371) At the completion
of the landscape maintenance period, the consultant landscape architect/
designer must submit a final report to Council or the accredited certifier,
certifying that all plant material has been successfully established, that
all of the outstanding maintenance works or defects have been rectified prior
to preparation of the report and that a copy of the 12 month landscape
maintenance strategy has been provided to the Owner/ Occupier. A copy of the report must be submitted to
Council PRIOR TO THE ISSUE OF THE
OCCUPATION CERTIFICATE.
Where the project is being supervised by a
private certifier, for the purposes of public record, a copy of the
certification must be forwarded to Council within 5 working days of the date
of issue.
General Engineering
Conditions
52. (206) Drainage Construction. The
stormwater drainage on the site is to be constructed generally in accordance
with plan No.20060063Sw01-08
prepared by Lipcombe & associates.
In this project the above engineering plans are satisfactory as
Concept plans. The assessment authority, (either (a) Council, or (b) a
Private Certifier), is to satisfy themselves of the adequacy of the above
plans for the purposes of construction. They are to independently determine
what details, if any, are to be added to the Construction Certificate plans,
in order for the issue of the Construction Certificate.
Detailed engineering design is to
be submitted to the assessing authority. In the case of a Construction
Certificate for works on private property, either (a) Council, or (b) a
Private Certifier, can issue the Construction Certificate.
Where a Private Certifier issues
the Construction Certificate a copy must be provided to Council, once the
Construction Certificate is issued.
53. (200) Design and Construction Standards. All engineering plans and work shall be
carried out in accordance with the requirements as outlined within Council’s
publication Requirements for
Engineering Works and relevant Development Control Plans except as
amended by other conditions.
54. (215) Footpath
Design. Payment of a $450 fee for the design,
specifications and inspection of formwork
by Council of the footpath paving prior to placement of concrete. Payment of this fee is required prior to the issue of the construction
certificate.
55. (218) Footpath
Paving & Kerb and Gutter Construction Bond. The applicant shall lodge
with Council a $10,000 cash bond
or bank guarantee to cover the satisfactory construction or reconstruction of
the concrete kerb and guttering and/or footpath paving for all areas fronting
Little Lane. Lodgement of this bond is required prior to the issue of the construction certificate.
56. (211) Access
for Vehicular Traffic. Access for vehicular traffic shall comply
with the relevant section of AS 2890 ‘Parking Facilities'. All car parking facilities provided on the
site shall comply with requirements of the AS 2890.1:2004 ’Parking
facilities’.
57. (214) Commercial Crossing. The Commercial
Vehicular Footpath Crossing shall be constructed to the specifications and
levels issued by Council. An application shall be made to Council and
relevant fees paid ($1124 -2005/06) prior to the issue of the construction
certificate for the provision of street alignment levels and Council
inspections.
Engineering
Conditions to be complied with Prior To Construction Certificate
58. (207) Footpath Damage Bond. The applicant shall lodge with
Council a $600 cash bond or bank guarantee to cover damage to
Council's roads, footpaths, kerb and gutter, drainage or other assets.
Lodgement of this bond is required prior to the issue of the construction
certificate.
59. (210) Car
Parking. Full details of the internal
driveway, turning areas, garage opening widths, parking space dimensions and
any associated works serving the proposed development shall be prepared by a
suitably qualified civil engineer in accordance with AS 2890 series. Plans
shall be approved prior to the issue
of the construction certificate.
60. (209) Driveway
Grades. The maximum grade of all
internal driveways and vehicular ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1:2004 ‘Parking
Facilities’. The maximum change of grade
permitted is 1 in 8 (12.5%) for summit grade changes or 1 in 6.7 (15%) for
sag grade changes and any transition grades shall have a minimum length of 2.0
metres. The existing levels of Council’s footpath, gutter and road must be
maintained unless prior approval to alter these levels has been obtained from
Council.
The driveway design is to incorporate Council’s issued footpath and
gutter crossing levels. A driveway plan, longitudinal section from the
centreline of the public road to the garage floor, and any necessary
cross-sections clearly demonstrating that the driveway complies with the
above details, and that vehicles may safely manoeuvre within the site without
scraping. Plans shall be approved prior to the issue of the construction certificate.
61. (231) Road
Opening Permit. The applicant
shall apply for a road opening permit where a new pipeline is proposed to be
constructed within or across the footpath. In this regard the applicant shall
pay Council a fee prior to the commencement of works. Additional road opening
permits and fees may be necessary where there are connections to public
utility services (e.g. telephone, electricity, sewer, water or gas) are
required within the road reserve. No drainage work shall be carried out on
the footpath without this permit being paid and a copy kept on the site. This
condition applies to the new stormwater line required across the public
footway.
62. (225) Positive
Covenant Bond. The applicant shall lodge
with Council a $1,000 cash bond to cover the registration of a
Positive Covenant over the on-site stormwater detention system / charged line
drainage system. Lodgement of this bond is required prior to the issue of
the construction certificate.
63. (227) Control of Stormwater Runoff. Stormwater runoff from all impervious
areas, including any
”on ground impervious areas” shall be collected and piped by gravity flow to
the street gutter or a suitable Council pipeline in a manner acceptable to
Council. The minimum capacity of the piped drainage system shall be
equivalent to the collected runoff from the 1 in 20 year average recurrence
interval storm event. Runoff that enters the site from upstream properties
must not be redirected in a manner, which adversely affects adjoining
properties. The design shall ensure that the development, either during
construction or upon completion, does not impede or divert natural surface
water so as to have an adverse impact upon adjoining properties. All work
shall be carried out in accordance with Council’s standards and
specifications for stormwater drainage.
64. (246) Erosion
and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably
qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and
Construction“ prepared by LANDCOM
‘Fourth Edition 2004, Volume 1’.These devices shall be maintained
during the construction works and replaced where considered necessary.
The
following details are to be included in drawings accompanying the Erosion
and Sediment Control Plan:
· Location and design criteria of erosion and sediment
control structures,
· Site access point/s and means of limiting material
leaving the site
· Means of diversion of uncontaminated upper catchment
around disturbed areas
· Procedures for maintenance of erosion and sediment
controls
· Details and procedures for dust control.
65. (229) On-site
Stormwater Detention. Stormwater runoff from all impervious areas
shall be collected and piped by gravity flow to a suitable on-site detention
system in accordance with Lane Cove Council’s standards and specifications
for stormwater drainage. The minimum capacity of the piped drainage system
shall be equivalent to the collected runoff from the 1 in 20 year average
recurrence interval storm event.
Overland flowpaths are to be provided to convey runoff which enters
the site from upstream properties and this runoff should not be redirected in
a manner which adversely affects adjoining properties.
The on-site detention system shall be designed to ensure peak
flowrates at any point within the downstream drainage system do not increase
as a result of the development during storms from the 1 in 5 year to the 1 in
100 year average recurrence interval of all durations. Outflow from the basin
shall be piped to a point of discharge in accordance with Councils standards
and specifications for stormwater drainage.
The system is to be cleaned regularly and maintained to the
satisfaction of Lane Cove Council.
66. (230) On-Site
Stormwater Detention Tank. All access grates to the on site stormwater
detention tank are to be hinged and fitted with a locking bolt. Any tank
greater than 1.2 metres in depth must be fitted with step irons.
67. (247) Excavation. The
proposed development will result in substantial excavation that has the
potential to affect the foundations of adjoining properties.
The
applicant shall:-
(a) seek
independent advice from a Geotechnical Engineer on the impact of the proposed
excavations on the adjoining properties.
(b) detail
what measures are to be taken to protect those properties from undermining
during construction.
(c) provide
Council with a certificate from the engineer on the necessity and adequacy of
support for the adjoining properties
The
above matters are to be completed prior
to the issue of a construction certificate.
All recommendations of the
Geotechnical Engineer are to be carried out during the course of excavation.
The applicant must give at least seven (7) days notice to the owner and
occupiers of the adjoining allotments before the excavation works commence.
68. (248) Roadway
Excavation. The proposed development will result in substantial
excavation adjacent to the roadway (or road embankment). The applicant will
be required to construct a retaining wall within the property to support the
roadway (or road embankment). The proposed excavation has been approved
subject to the following matters being satisfied:-
(a) The
owner lodging with Council a $80,000 cash bond or bank guarantee, prior to the issue of a construction
certificate, to ensure that the work is carried out in accordance with
the approved plans. The bond will be refunded upon satisfactory completion of
the retaining wall.
(b) Fully detailed
design drawings and calculations shall be prepared by a Geotechnical Engineer for the retaining
wall. Plans and design being submitted
to Council prior to the issue of a
construction certificate.
(c) On
completion of the construction of the retaining wall a Geotechnical
Engineer’s Certificate shall be
submitted to Council which states that the engineer has
inspected
the work during construction and that the works have been carried out in
accordance with the approved design. If no Certificate is produced on
completion of the retaining wall, then no further work shall proceed on site
until such certificate is produced.
(d) If
the certificate referred to above is found to be unacceptable, no work shall
proceed on the site until the applicant has satisfied Council’s Executive
Manager Urban Services that the retaining wall has been constructed in
accordance with the approved design.
(e) The
applicant shall inform Council least seven (7) days before commencing any
excavation works
These conditions are to ensure that the applicant and or landowner
complies with Section 91 of the Roads Act 1993 and provides support for the
public road. The applicant should also be aware that under Section 93 of the
Roads Act 1993 Council may direct the landowner to fill in an excavation that
threatens the stability of the roadway.
69. (Special)
A dilapidation report for Longueville road frontage must be obtain and
received by council prior to commencement of excavation works. On completion
of the excavation the pavement will
be inspected and all repair works if needed will be carried out with no cost
to council.
Engineering Conditions to
be complied with Prior to Commencement of Construction
70. (201) Restoration.
Public areas must be maintained in
a safe condition at all times. Restoration of disturbed road and footway
areas for the purpose of connection to
public utilities will be carried out by Council following submission of a permit application
and payment of appropriate fees.
Repairs of damage to any public stormwater drainage facility will be
carried out by Council following receipt of payment.
71. (202a) Materials on Roads and Footpaths. Where
the applicant / development requires the use of the public footway for placement of building waste
containers, skips and or storage of
material on the roadway or footpath a formal application is to
be made. A separate application shall be made to Council’s Urban Services
Division for approval, including payment of relevant fees, for the placement
of building waste containers, skips and or storage of material on the roadway
or footpath. The roadway or footpath is not to be occupied or used for
storage until such application is approved.
72. (221) Traffic
Management. Traffic management
procedures and systems must be in place and practiced during the construction
period to ensure safety and minimise the effect on adjoining pedestrian and
vehicular traffic systems. These procedures and systems must be in accordance
with the current
version of AS 1742.3 and to
Council’s Urban Services Division’s satisfaction. A plan of traffic management is to be submitted to and approved by the
Consent Authority.
73. (203a) Public Utility Relocation. If any public services are to be
adjusted , as a result of the
development, the applicant is to arrange with the relevant public utility
authority the alteration or removal of those affected services. Any such work
will be carried out at the applicant’s
cost and prior to the commencement of works.
74. (286) Permit to Stand Plant Where the applicant requires the use of machinery
on the public road reservation, an application shall be made to Council's
Open Space & Urban Services Division for permit to stand plant (eg.
Cranes, Cherry Picker, Concrete Pump etc). The permit is issued by Lane Cove
Council in accordance with provisions of the Local Government Act. The
application shall be obtained from Council’s Customer Service, and approval
must be granted by Council prior to the commencement of related activity on
the site. (Note that the relevant fee shall also be paid)
75. (222) 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’.
76. (249) Sediment and Erosion Control. The applicant shall install appropriate sediment
control devices prior to any
disturbance of the existing site. The devices are to be installed in accordance
with an approved plan. These devices shall be maintained during the
construction period and replaced where considered necessary. Suitable erosion
control management procedures shall be practiced. This condition is imposed
in order to protect downstream properties, Council's drainage system and
natural watercourses from sediment build-up transferred by stormwater runoff
from the site.
77. (253) Hoardings. The hoarding to be erected
must comply with the Workcover "Code of Practice Overhead Protective Structures"
and all work shall be carried out in accordance with AS2601:1991, The
Demolition of Structures. A Cash
Bond/Bank Guarantee, which Council requires for all developments as well as
the properly notated insurance, must be in place prior to erection of a
hoarding. The hoarding shall be in place prior to the commencement of works
on the site. Other Council hoarding
conditions are as follows:
(a) Not more than 1800mm
of the footway may be enclosed, however if the footway is less than 3.7
metres wide half of the footway may be enclosed. The unoccupied area of the footpath shall
be kept free at all times of all building materials and debris and maintained
in a safe and trafficable condition.
(b) Builders
must provide adequate protection to concrete footpath and kerb and gutter. Footpath crossings are required to
be 5.0 metres in width and constructed of 100mm x 50mm hardwood, properly
secured with chamfered ends to provide a smooth transition to adjacent surfaces. The whole of the temporary crossing is to
be covered with suitable filling material and made safe to pedestrians. A proper protective timber crossing is to
be provided to the kerb and gutter before any building material is deposited
on the site.
(c) All hoardings must be lit
between the hours of sunset and sunrise.
Lights are to be erected at intervals of not greater than 5.0 metres
for the length of the hoarding. The builder shall keep the hoarding
presentable to the public for the whole of the time it is erected. There shall be no catch points or
protrusions likely to cause injury or damage to the public from the
hoarding. The hoarding shall be
constructed of demountable timber frame sections lined with a smooth face
material, and painted with an approved white paint which shall not wash or
rub off.
(d) The builder shall secure a $10 million public risk
insurance policy in favour of the Council to indemnify Council in the event
of any member of the public suffering injury to persons or property by
reasons of the presence of the hoarding.
(e) Trees which are
affected by the hoarding and are located outside the boundaries of the
allotment are not to be cut or removed without the prior approval of the
council being obtained.
(f) The hoarding shall be removed
immediately at the builder's expense if any of these conditions are not fully
complied with.
78. (251) Truck Shaker. A truck shaker ramp must be provided at
the construction exit point. Fences are to be erected to ensure vehicles
cannot bypass them. Sediment tracked onto the public roadway by vehicles
leaving the subject site is to be swept up immediately.
79. (252) Temporary
Footpath Crossing. A temporary
footpath crossing must be provided at the vehicular access points. It is to
be 4 metres wide, made out of sections of hardwood with chamfered ends and
strapped with hoop iron, and a temporary gutter crossing must be provided.
Engineering Conditions to
be complied with Prior to Occupation Certificate
80. (259) Construct Footpath Paving. The
applicant shall, at no cost to Council, construct full width concrete paving
across the full frontage of Little Lane.
Levels of the footpath paving shall conform with levels issued by
Council's Urban Services Division. These works shall be carried out prior to the issue of the occupation
certificate by a licensed construction contractor and shall be in
accordance with Council’s standards.
81. (263) Construction of Kerb and Gutter. The
applicant shall, at no cost to Council, construct full kerb and gutter across
the full frontage of Little Lane.
Levels of the kerb and gutter shall conform with levels issued by
Council's Urban Services Division. These works shall be carried out prior to the issue of the occupation
certificate by a licensed construction contractor and shall be in accordance
with Council’s standards.
82. (267) Redundant
Gutter Crossing. All redundant gutter and footpath crossings
shall be removed and the kerb and footpath reinstated to the satisfaction of
Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation
certificate by a licensed
construction contractor at the applicant’s expense and shall be in accordance
with Council’s standards.
83. (Special ) Certificate of Satisfactory Completion. Certificates from a suitably qualified
engineer must be obtained for the following matters. The relevant
Certificates are to be submitted to the Principal Certifying Authority, prior
to (a) issue of any Occupation Certificate, or (b) Occupancy or Use of the
development.
1) Confirming
that all vehicular footway and gutter (layback) crossings are constructed or
reconstructed in accordance with (a) The construction plan requirements, and
(b) Conditions of this consent and, (c) Lane Cove Council’s ‘specification for construction of residential
vehicular footpath crossings’. (When the works are satisfactory, the
applicant must request the Council Crossing inspector to provide written
evidence of satisfactory completion of the works.
2) Confirming
that the site drainage servicing the development complies with the approved
construction plan requirements and Lane Cove Council’s ‘standards and
specification for stormwater drainage’.
3) Confirming that the site drainage system (including the
on-site detention storage system) servicing the development complies with the
approved construction plan requirements and Lane Cove Council’s ‘standards and specifications for
stormwater drainage’.
Confirming that the on-site detention system will
function hydraulically in accordance with the approved design.
4) Confirming that all new elements the
site drainage servicing the development comply with the approved construction
plan requirements and Lane Cove Council’s ‘standards and specification for
stormwater drainage’.
5) Confirming all works have been
completed in accordance with the issued Construction Certificate and other
relevant approvals and in accordance with the Conditions of this
determination.
The Certificates are to state that
the construction of the above items complies with the approved construction
plan requirements and any relevant elements from Lane Cove Council’s ‘standards and specifications for stormwater
drainage’.
(If Council is appointed the
Principal Certifying Authority [PCA] then the appropriate inspection fee is
to be paid to Council with the subject documentation.
84. (270) Work-as-Executed Plan. A
Work-as-Executed plan is to be submitted to the Principal Certifying
Authority (PCA) and to Lane Cove Council if Council is not the nominated PCA.
The Work as Executed
plan:
(a) Shall be signed
by a Registered Surveyor. &
(b) Shall clearly
show the surveyor’s name and the date of signature. &
(c) Shall be in
accordance with Council’s standards and specifications for stormwater
drainage.
(d) Is to include
details of the stormwater drainage system,
(e) Is to include
details of the stormwater drainage system, {including any on-sit stormwater
detention system if one has been constructed} &,
(f) Shall include finished ground levels.
(g) Shall include
a certificate from a Registered Surveyor, if there are proposed
interallotment drainage easements on the subject property. In such a case the
certificate is to certify that the subject drainage line/s and pits servicing
those lines, lie wholly within the proposed easements.
85. (284) On-site Stormwater Detention
Certification. The submission of certification by a suitably qualified
Civil Engineer for the on-site stormwater detention system, attesting the
storage volume, discharge rate and satisfactory operation of the system prior
to any one of the following : (a) Occupation, or (b) Issue of the Occupation
Certificate, or (c) Use of the development.
86. Engineer (Hydraulic) to Certify Occupation Certificate: The
hydraulic elements of the “as built
works” certified by a Practicing Consulting Engineer, together with a
statement from the same Engineer that the design fully complies with, the
approved plans, within acceptable construction tolerances.
The
documentation required by this condition shall be submitted to and approved
by Council or an Accredited Certifier prior to the issue of the Occupation
Certificate.
Where Council is not the Principal
Certifying Authority, a copy of the documentation require by this condition,
is to be provided to Council prior to the issue of the Occupation
Certificate. These documents are to be retained on Council’s Construction
Certificate file.
The elements that are to be certified are
· The stormwater
system.
· The provision of a
kerb along the rear of the two development lots, to cut of overland sheet
stormwater and direct the flow to the new boundary pits, before the
stormwater is directed to the Interallotment drainage line.
· The interallotment drainage line is
connected to the public stormwater drainage system in Dunois St.
· The interallotment drainage line is NOT
connected to the sewer system.
97. Engineer (Structural) to Certify Occupation Certificate: The
structural elements of the “as built works” certified by a Practicing
Consulting Engineer, together with a statement from the same Engineer that
the design fully complies with, the approved plans, within acceptable
construction tolerances. The
documentation required by this condition shall be submitted to and approved
by Council or an Accredited Certifier prior to the issue of the Occupation
Certificate.
Where Council is not the Principal
Certifying Authority, a copy of the documentation require by this condition,
is to be provided to Council prior to the issue of the Occupation
Certificate. These documents are to be retained on Council’s Construction
Certificate file.
The elements that are to be certified are
(a) the new accessway across Council “public road”.
88. (271) On-Site Stormwater Detention System -
Marker Plate. Each on-site
detention system shall be indicated on the site by fixing a marker plate.
This plate is to be of minimum size: 100mm x 75mm and is to be made from
non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a
prominent position to the nearest concrete or permanent surface or access
grate. The wording on the marker plate is described in Council’s
‘standards and specifications for stormwater drainage’. An approved plate
may be purchased from Council's Customer Service Centre
on presentation of a completed Lane Cove OSD certification form.
89. (275) Positive
Covenant - (OSD). Documents giving
effect to the creation of a Positive Covenant over the on-site stormwater
detention system shall be registered on the title of the property. The
creation of a Positive Covenant under Section 88E of the Conveyancing Act
1919, burdening the property with the requirement to maintain the stormwater
detention system on the property. The wording of the terms of the Positive
Covenant shall be in accordance with Council’s standards and specifications
for stormwater drainage and On-site Detention Systems. The documents prepared
shall be submitted to Council prior to registration with the Land and
Property Information and prior to the issue of the Occupation Certificate.
90. Public footway to
remain clean: The public footway and road
is to be left in a clean and unstained condition. The builder is to ensure
that all mortar spatters and other damage to the footpath / road is repaired
and removed. Council may use all or part
of the Damage Deposit to complete damage restoration works if they do not
meet Council’s requirements.
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