Lane Cove Council

 

 

 

Planning and Building Committee

 

MINUTES

 

DATE OF MEETING:
19 February 2007
LOCATION:
Council Chambers
TIME:
8: 20PM

All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au

 


PRESENT:                             Councillors T Lawson (Chairperson), I Longbottom,  A Smith, and K Freedman joined the meeting at 8:26pm.

 

ALSO PRESENT:        Executive Manager – Environmental Services, Manager – Development Assessment and Chief Executive Secretary.

 

 DECLARATIONS OF INTEREST:      Nil.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 9

SUBJECT: 102-104 Longueville Road, Lane Cove

 

DECISION UNDER DELEGATED AUTHORITY

 

RESOLVED on the motion of Councillors Longbottom and Smith 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 WORKS TO BE SATISFIED 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’sstandards 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.

 

 

 

  

 

 

 

CLOSE

 

The meeting closed at 8:29pm

 

Confirmed at the Planning and Building Committee Meeting of 5th March 2007, at which meeting the signature herein is subscribed.

 

 

CHAIRPERSON

 

 

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

 

MEETING FILE REF:  Document2