Agenda of Planning and Building Committee

PLANNING AND BUILDING COMMITTEE
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 103
7 MAY 2007

Planning and Building Committee at the Meeting 7 May 2007

27/03/2007 to Planning and Building Committee

Environmental Services Division Report No. 103

Subject: 3 Christina Street, Longueville

Record No: DA06/268-01 - 6856/07

Author(s): Stan Raymont

Property: 3 Christina Street, Longueville

DA No: D268/06

Date Lodged: Original proposal 26.9.06

Amended proposal 1.2.07

Cost of Work: $268,000

Owner : J.M. & K.J. Morris

Author: Stan Raymont

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Alterations and additions to existing dwelling
ZONE	2(a2)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 1a
STOP THE CLOCK USED	Yes: from 6.12.06 to 1.2.07
NOTIFICATION	Neighbours Lot 4, 4, 5, 7 Christina Street; 40, 40A, 42, 44 Kenneth Street; 33, 33A, 35A, 37-39, 41 Arabella Street Ward Councillors Central Ward Progress Association Longueville Residents’ Association Other Interest Groups -

REASON FOR REFERRAL

Called to Planning and Building Committee by Councillor Freedman for amenity concerns.

EXECUTIVE SUMMARY

The original proposal was to carry out alterations and additions to the existing two storey dwelling including first floor additions, extending a cantilevered deck out to 2.74m from the street, constructing a roof deck and extending the ground floor garage to the eastern side boundary. The applicant was advised of major areas of concern including FSR of 0.57:1, building line encroachments, roof deck and garage extension to side boundary.

There were two (2) letters of objection to this proposal. Amended plans were submitted to Council that reduced the FSR to 0.524:1, the building line encroachments were reduced, the roof deck was removed, and the garage extension was also removed. The adjoining owners were renotified and no submissions were received to the amended proposal.

The applicant has requested variation to Council’s maximum floor space ratio requirement for the following reasons:

“We have responded to Councils concerns regarding the original proposed F.S.R. of 0.57 to 1.00 by implementing the following changes:

(a) Removing two of the proposed bedrooms at the first floor level so as to reduce to F.S.R. to 0.524 to 1.0. The non-compliant F.S.R results in an additional floor area of 13.45m².

(b) The additional floor area has been located on the east side of the building for the purpose of reducing any impacts upon the residents in No 5 Christina Street. The additional 13.45m² of floor space is required to enable the proposed first floor addition to be configured so as to satisfy the minimum bedroom requirements of a large family. (2 Adults and 4 Children).”

The applicant seeks Council’s support for the amended proposal. It is considered that the above reasons for variation to Council’s maximum floor space ratio requirement are inadequate and therefore cannot be supported. The applicant has not provided any justifiable planning reasons for variation to Council’s maximum floor space ratio requirement.

The amended proposal is recommended for a deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act as follows:

Part A – Deferred Commencement Consent

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matter:-

1. The plans being modified by reducing the floor area by 13.45m² in order that the floor space ratio does not exceed 0.5:1.

Further the General Manger be given delegated authority to determine any modified plans.

SITE

The subject site is located on the northern side of Christina Street and on the eastern side adjoins St. Aidens Church Hall. Existing improvements on the site consist of a brick dwelling with a flat roof which is two storeys at the front and single storey at the rear. At the front of the dwelling and on the eastern side is a single garage. There is an inground swimming pool, a timber shed and a cubby house in the rear yard. Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL

The amended proposal is to:

1. Extend the ground floor and first floor levels on the western side out by 770mm to the line of the existing bay window and at first floor level cantilever a small balcony out 750mm towards the street.

2. Cantilever a deck out at first floor level on the eastern side varying between 750mm and 1m towards the street.

3. Extend the entry at ground floor level which is 2m wide out by 300mm towards the street.

4. Carry out alterations and additions at first floor level including a 3m wide terrace on the western side. The walls of the addition are proposed of timber studs clad externally with polystyrene panels (euroclad or similar) that are rendered and painted and the roof will have a very low slope to both sides and be covered with metal decking. A metal framed privacy screen with obscure glass infill panels is shown on the western side of the terrace.

PREVIOUS APPROVALS/HISTORY

The original proposal was to:

1. Extend the ground and first floor levels out to the front line of the existing bay window and at first floor level cantilever a small balcony out 500mm further towards the street.

2. Extend the existing single garage at the front eastern side across to the eastern boundary with the church hall to form a double garage.

3. Erect a deck at first floor level over the eastern extension of the garage and erect a cantilevered semi-circular deck at first floor level extending out a maximum of 2150mm towards the street.

4. Erect a first floor addition over the single storey section of the dwelling at the rear. The first floor addition had a large deck at the rear with a privacy screen on the eastern and western sides. The external walls were proposed of timber studs clad externally with polystyrene panels (euroclad or similar) that were rendered and painted and the roof had a very low slope to both sides and was covered with metal decking.

5. A steel ladder was shown off the rear deck at first floor level leading to a walkway in the middle of the roof leading to a timber viewing platform which is 4.2m by 6m in size and located towards the front of the building. The viewing platform and walkway were shown to have a 1m high glass handrail around them.

6. Other minor alterations.

There were two letters of objection/concern to this proposal.

As there were several areas of concern/non-compliance with this proposal the applicant was advised by letter dated 6^th December 2006 that the plans submitted were unsatisfactory and the following assessment issues need to be addressed with any amended proposal:

“1. The proposed floor space ratio of 0.57:1 is to be reduced to 0.5:1. Note: the floor space ratio is to be calculated in accordance with the requirements in Council’s Code for Dwellings.

2. The cantilevered deck at first floor level at the front which comes to a minimum of 2.74m from the front boundary, encroaches on the building line and is to be deleted.

3. The garage extension with first floor deck over which comes across to the eastern boundary encroaches on the 1.2m minimum setback specified in Council’s Code for Dwellings and is to be deleted.

4. The viewing platform and the walkway on the roof are considered to be undesirable development, likely to adversely affect the amenity of the area and the streetscape and are to be deleted.

5. The elevated deck at the rear of the first floor level exceeds the 3m maximum for elevated decks specified in Council’s Code for Dwellings and is to be reduced to comply with the Code for Dwellings.”

As a result of the above letter the amended plans were submitted for Council’s consideration.

PROPOSAL DATA/POLICY COMPLIANCE

Site Area (560.3m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.524:1	0.5:1	No
Soft Landscaped Area (min)	37%	35%	Yes
Side Boundary Setback (min)	Walls of 1^st floor addition 900mm	1.5m	No (existing)
Overall Height (m) (max)	1^st floor addition 6.8m	9.5m	Yes
Ceiling Height (m) (max)	6.4m	7.0m	Yes
No of Storeys	2	2	Yes
Building Line (max)	Walls of entry extension 4.7m Cantilevered deck 4m	7.5m 7.5m	No No
Foreshore Building Line(min)	n/a	n/a	n/a
Cut and Fill (max)	zero	1m	Yes
Deck/Balcony width (max)	3m	3m (if elevated by >1m)	Yes
Solar Access (min)	3 hours to north facing windows of church hall	3 hours to north facing windows of church hall	Yes
NaTHERs Rating (min)	n/a	Min 3.5 stars	n/a

REFERRALS

Development Engineer

The comments of the Development Engineer were requested in respect to the amended proposal and conditions of any consent are listed.

Manager Open Space

The comments of the Manager, Open Space were requested in respect to the amended proposal and conditions of any consent are listed.

Manager Bushland

N/a

Other (Heritage, Traffic, Waterways, Rural Fire Service)

Nil

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

The proposal is permissible within the 2(a2) zoning under the Lane Cove LEP, with the consent of Council.

Other Planning Instruments

SEPP No.55 – Contaminated Land

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for residential uses would substantially reduce the possibilities of contamination. Accordingly, there is considered to be no contamination issue given the circumstances of the case.

APPLICABLE REGULATIONS

Environmental Planning and Assessment Regulation 2000

The proposal involves some demolition work. Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-1991): The Demolition of Structures, as in force July 1993. The matter may be addressed by a condition of consent and has been addressed by a condition in the recommendation section (under Option B) of this report.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

1. Floor Space Ratio: Council’s Code for Dwellings specifies under Floor Space Ratio as follows:

Objectives:

a. Limit the bulk of the dwelling.

b. Ensure dwellings and additions are generally in scale with the character of the neighbourhood.

c. Allow smaller sites higher floor space ratio.

Standard:

The maximum permissible floor space ratio (FSR) for single dwelling houses is 0.5:1.

The floor space ratio as originally proposed was 0.57:1 and the floor space ratio for the amended proposal is 0.524:1 which exceeds the 0.5:1 specified in the Code for Dwellings.

The applicant has requested variation to Council’s requirement for the following reasons:

“We have responded to Councils concerns regarding the original proposed F.S.R. of 0.57 to 1.00 by implementing the following changes:

(a) Removing two of the proposed bedrooms at the first floor level so as to reduce to F.S.R. to 0.524 to 1.0. The non-compliant F.S.R results in an additional floor area of 13.45m².

Comment

As already mentioned, it is considered that the above reasons for variation to Council’s maximum floor space ratio requirement are inadequate. The applicant has not provided any justifiable planning reasons for variation to Council’s floor space ratio requirement. In view of the fact that the floor space ratio still exceeds Council’s 0.5:1 maximum code requirement, the amended proposal is recommended for a deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act as follows:

Part A – Deferred Commencement Consent

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matter:-

2. The plans being modified by reducing the floor area by 13.45m² in order that the floor space ratio does not exceed 0.5:1.

Further the General Manger be given delegated authority to determine any modified plans.

2. Building Line: Council’s Code for Dwellings under Building Line specifies, inter alia:

Objectives:

a. Minimise the impact of the dwelling on the streetscape.

b. Maintain an open streetscape with sufficient area for soft landscaping between the dwelling and the street.

c. Pedestrian safety.

Standards:

· A building line of 7.5m from the front boundary line. The distance is measured at right angles to the front boundary and is parallel to the front boundary line.

· A variation may be considered where unusual site constraints exist, or if there is an established building line of less than 7.5m and the proposal will have minimal impact on the streetscape.

Comment

The adjoining dwelling to the west (No.5 Christina Street) is single storey and is located 3.65m from the front boundary. The church hall on the eastern side has its entry located 6.05m from the front boundary.

The existing building line of the dwelling is 5m and it is proposed to extend the walls on the western side of the existing dwelling out by 770mm to this line. There is no objection to this amendment. It is also proposed to extend the walls of the ground floor entry which is 2m wide out by 300mm so that it is 4.7 metres from the front boundary. There is no objection to this amendment.

It is proposed to extend a cantilevered deck 2.4m long at first floor level on the western side of the dwelling out by 750mm so that it is 4.25m from the front boundary. A cantilevered deck 5.3m long at first floor on the eastern side of the dwelling will be extended out by a minimum of 750mm and a maximum of 1m so that it varies from 4.25m to 4m from the front boundary. There is no objection to these small cantilevered decks. The changes to the building line would not adversely impact on the streetscape or the amenity of the area.

3. Setbacks to Side Boundaries: Council’s Code for Dwellings specifies under Setback to Side Boundaries:

Objectives:

a. Achieve separation between dwellings for privacy and to enable areas for landscaping.

b. Enable views between dwellings where applicable.

Standards:

1. A minimum setback of 1200mm from the side boundary for a single storey dwelling and a minimum setback of 1500mm for a two storey dwelling. The setback is measured at right angles to the boundary and to the wall of the dwelling, or any ancillary structures like balconies or stairs.

(Note: first floor additions above an existing dwelling can follow the existing setback).

2. Variations may be considered if there will be no adverse impact on adjoining properties and, if objectives are achieved, for example:

i. an open carport on nil boundary setback;.

ii. detached garages on nil boundary setback

Comment

The walls of the existing dwelling and the first floor additions are shown to be set back a minimum of 900mm from the western boundary and first floor additions can follow the existing setback. This is considered satisfactory, and has been previously accepted by Council for similar developments.

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

Whilst there were two submissions in respect of the original proposal, no submissions were received in response to the notification of the amended proposal.

CONCLUSION

The matters in the DUAP Guidelines in relation to Section 79C considerations have been satisfied. The application is recommended for a deferred commencement consent requiring the plans being modified by reducing the floor area by 13.45m² in order that the floor space ratio does not exceed 0.5:1, prior to the consent becoming operative.

RECOMMENDATION

That the amended application to carry out alterations and additions to the dwelling be determined pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 by:-

PART A - DEFERRED COMMENCEMENT CONSENT

The consent will not operate and it may not be acted upon until the Council or its delegate in satisfied as to the following matter:-

1. The plans being modified by reducing the floor area by 13.45m² in order that the floor space ratio does not exceed 0.5:1.

Pursuant to clause 68A(4) of the Regulations under the Act, Council will notify you in writing if Part A of this consent has been satisfied and the date from which this consent operates.

PART B - CONDITIONS OF CONSENT

Once operative the consent is subject to the following conditions:

1. (20) That the development be strictly in accordance with drawing numbers 06114- 1A, 2A dated September 06 by B. Bullen and 06-63 dated 5.9.06 by Base Surveying.

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

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

3. (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.

4. (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.

5. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

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

7. (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.

8. (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath. Such balustrading is to have a minimum height of 1 metre. Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

9. (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath. The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

10. (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.

11. (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.

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

13. (52) The swimming pool being surrounded by a fence:-

a) That forms a barrier between the swimming pool; and

i) any residential building or movable dwelling situated on the premises; and

ii) any place (whether public or private) adjacent to or adjoining the premises; and

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1976, "Fences and Gates for Private Swimming Pools".

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

14. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times. The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

15. 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

i) Stormwater drainage lines prior to backfilling

k) Completion.

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

c) footings;

d) reinforced concrete work;

e) structural steelwork;

f) upper level floor framing.

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

18. (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron and having an approved anti-glare finish.

19. (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.

20. (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

This requirement is satisfied by:-

(a) Smoke alarms installed in—

(i) Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(ii) in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b) Smoke alarms complying with AS 3786.

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in:

(a) any storey containing bedrooms

(i) between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

(ii) where bedrooms are served by a hallway, in that hallway; and

(b) any other storey not containing bedrooms.

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

22. (130) Compliance with the Waste Management Plan approved under this application.

General Engineering Conditions

23. 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.

Engineering Conditions to be complied with Prior To Construction Certificate

24. 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.

25. 228 Control of Stormwater Runoff. The stormwater runoff from the proposed development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s standards and specifications for stormwater drainage. Details of the location of the new stormwater line/s and the point of connection to the existing system, are to be provided on the documentation, which is to be submitted and approved at the Construction Certificate stage.

Any elements of the existing stormwater system, that are to be utilised are to be checked and documented by a suitably qualified, practicing, plumber or hydraulic engineer, and if found to be satisfactory, they can be certified, as being in good working order. Where an existing element does not comply with current standards, or not in “good working order” then the subject element is to be replaced.

26. 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.

Engineering Conditions to be complied with Prior to Commencement of Construction

27. 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.

28. 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.

29. 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’.

30. 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.

Engineering Condition to be complied with Prior to Occupation Certificate

31. 254a Certificate of Satisfactory Completion. Certificates from a registered and licenced Plumber, or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to (a) issue of any Occupation Certificate, or (b) Occupancy or use of the development.

Confirming that all relevant sections of the existing drainage system are in good working order and complies with Council’s requirements and relevant codes and standards, and 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’.

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).

32. (300) A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000). The co-operation of all residents is sought in the preservation of the bushland character of the Municipality. All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

33. (301) Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.

34. (302) The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

PART C - Further the General Manager be given delegated authority to determine any modified plans.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	2 Pages
AT‑2 View	Neighbour Notification Plan	1 Page

PBC070507ES_103.doc

***** End of Environmental Services Division Report No. 103 *****

PLANNING AND BUILDING COMMITTEE
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 84
7 MAY 2007

Planning and Building Committee at the Meeting 7 May 2007

16/03/2007 to Planning and Building Committee

Environmental Services Division Report No. 84

Subject: 3 Standish Street, Greenwich

Record No: DA06/373-01 - 5888/07

Author(s): May Li

Property: 3 Standish Street, Greenwich

DA No: 373/2006

Date Lodged: 15 December 2006

Cost of Work: $610,000.00

Owner : Mr Dean & Mrs Michelle Boston

Author: May Li

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Construction of a new two storey dwelling house and an in-ground swimming pool
ZONE	2(a2) – Residential
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	Yes
IS THE PROPERTY WITHIN A CONSERVATION AREA?	Yes
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	Yes
BCA CLASSIFICATION	Class 1a & 10b
STOP THE CLOCK USED	Yes – 44 days
NOTIFICATION	Refer to the file for the notification list

REASON FOR REFERRAL

This application has been called to the Planning and Building Committee by Councillor R D’Amico due to concerns of view and loss of solar access concerns of the adjoining properties.

EXECUTIVE SUMMARY

The proposed development is for the construction of a new two storey dwelling house and an in-ground swimming pool. The assessment revealed that the initial design of the proposed dwelling house comprised two storeys on the northern facade adjacent to the adjoining property at 1 Standish Street, Greenwich and would create a significant adverse impact on the loss view of the adjoining property.

There were four submissions received in respects to the notification of the initial development proposal. The initial proposal was considered did not comply with the objectives and the standards of Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings.

The neighbours’ objections and the non-compliance issues were raised to the applicant and the applicant has agreed to submit amended plans on 28 February 2007. The amended plans were renotified during 2 March 2007 until 16 March 2007. Two submissions were received in respects to the notification of the amended plans.

Assessment of the amended proposal has revealed that the first floor section has been deleted and the set back to the eastern boundary of the rear deck has been increased in the amended plans. The amended development generally complies with the aims and objectives of Lane Cove Local Environmental Plan 1987, as amended and the Code for Dwelling Houses. Therefore, the development application is recommended for approval subject to conditions.

SITE

Standish Street, Greenwich is a short street off the southern side of River Road between St Vincents Road to the east and Fleming Street to the west. There are only 7 allotments in the street and three are battleaxe blocks as the results of the re-subdivisions in recent years. The subject site is a battleaxe lot located to the rear of 1 Standish Street. The slope of the subject site falls from the front to the rear by approximately 17.5m. However, the front section of the site is reasonably level with only 2.5m falls within 29m from the front boundary. The site area is 800m² and the site is currently vacant. The site adjoins to Gore Creek Reserve to the rear. Site Plan and Notification Plans are attached (AT1 and AT2).

PROPOSAL

The proposal involves construction of a new two storey dwelling house and an in-ground swimming pool on the subject site.

Refer to the amended plans submitted to Council dated 28 February 2007 for details.

PREVIOUS APPROVALS/HISTORY

Development Application No. 302/2000 for the construction of a two storey dwelling house was refused by Council on 22 November 2000. The applicant of the development application lodged an appeal to Land and Environmental Court and the appeal was upheld in 2001. The Court approved development did not commence within 5 years and the development consent has lapsed.

Other development applications for the subject site are not relevant to the current development proposal.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (800m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.42:1	0.5:1	Yes
Soft Landscaped Area (min)	53%	35%	Yes
Side Boundary Setback (min)	1.5m	1.5m	Yes
Overall Height (m) (max)	7.7m	9.5m	Yes
Ceiling Height (m) (max)	7.5m	7.0m	No
No of Storeys	2	2	Yes
Building Line (max)	6.32m	7.5m	No
Foreshore Building Line (min)	N/A		N/A
Cut and Fill (max)	Less than 1m	1m
Deck/Balcony width (max)	2.6m	3m (if elevated by >1m)	Yes
Solar Access (min)	More than 3 hours	3 hours to north elevation	Yes

SWIMMING POOLS

	PROPOSED	CODE	COMPLIES
Concourse Edge to Neighbour’s House (min)	3.5m	3m	Yes
Setback from boundary if concourse is <500mm above natural ground level (min)	2.8m	900mm - from internal face of pool 450mm from edge of concourse	Yes
Setback from boundary if concourse is >500mm above natural ground level (min)	N/A	900mm from edge of concourse	N/A
Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space (min)	N/A	1:1 setback measured from concourse edge	N/A
Screening of facade where > 1.0m above ground level?	N/A However Screening proposed	Screening required	Yes

REFERRALS

Manager Urban Design and Assets

The development proposal has been referred to Council’s Development Engineer for comment. No objections were raised and the development application is recommended for approval subject to conditions.

Manager Bushland

The subject site is located adjacent to bushland. Lane Cove Development Control Plan No.1 applies to the proposed development. The development proposal has been referred to Council’s Manager of Bushland for comment.

The Bushland Manager has assessed the development proposal and provided the following comments:

“Heavily sloping off at the rear of the property, the application has taken into account the protection and enhancement of the existing bushland within the property boundary. It is because of this steep rear topography, suitable protection of the bushland area is more achievable.

The Bushland Management Plan & Report submitted by the applicant clearly outlines its intentions. The property has been divided into four zones and the plan clearly outlines proposed works in each of the zones. This plan and report will be conditioned as part of consent.

Tree Protection

Within the building area of the property there is a mixture of trees to be retained and removed.

The most notable tree to be retained within the building area is the Cedrus deodara. The applicant has proposed that this tree is retained to become a central feature to the building and its design. Along with this tree four Melaleuca quinquenervia, a Syzygium sp, and a number of other smaller trees along the eastern boundary will be retained, however some pruning may be required. The applicant must note that a Tree Preservation Work Authority must be first obtained before any pruning occurs.

Still within the building area ten trees of varying sizes and health have been proposed for removal. From a bushland and landscape perspective Council has considered, as part of this development, no issues that should not allow them to be removed.

In the bushland and buffer areas of the property two trees near the building area on the western side of the property can be removed. As for the four dead trees in the bushland area only partial removal of those trees is allowed, excluding the one dead tree on the western boundary, which is to be retained. The site protection plan proposes that the upper branches of the dead trees are removed, if possible. This is to be the preferred method, however if the whole tree is to be removed care is be taken to minimise damage to the neighbouring trees. As for the dead tree on the western boundary this tree is to remain as it provided good habitat for aviarian fauna and suitably located from an aesthetical perspective.

Landscaping

The landscape plans submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent.

Bush Land Manager’s Recommendations

No objections have been raised as part of this assessment and the development application is recommended for approval subject to conditions.”

Other (Heritage, Traffic, Waterways, Rural Fire Service)

NSW Rural Fire Service

The development proposal was referred to NSW Rural Fire Service for comment. No objections were raised and appropriate consent conditions are recommended should Council approve the application.

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

It is considered that the proposal complies with the aims and objectives of Lane Cove Local Environmental Plan 1987, as amended.

Other Planning Instruments

SEPP No.19 – Bushland and Urban Areas

It is considered that the proposed development complies with the aims and the objectives of SEPP No.19.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

Ceiling Height

Clause 3.3.1(i) of the Code states that no dwelling is to exceed a height of 7.0m to any point on the uppermost ceiling above natural ground level. The elevations of the proposed plans show that a minor portion of the proposed building exceeds the 7.0m ceiling height requirement of the Code by approximately 0.85m. The application states that this occurs due to the natural contours of the landscape dropping off locally in the area.

Officer’s Comment

The proposed building has a higher ceiling for part of the living room at the rear. The higher ceiling section was designed for the installation of two set of louver windows for cross ventilation to provide summer breezes cooled by being drawn across the swimming pool. The roof of the living room is approximately 1.8m below the maximum building height requirement of the Code. It would not create any adverse impacts such as over shadowing and loss of view of adjoining properties. It is considered that the proposed design would improve the energy efficiency of the building and is acceptable.

Building Line

Clause 3.7.1 of the Code states that a building line shall be 7.5m from the front boundary line. The proposed building line is 6.325m to the front boundary of the property. The application states that the proposal does not affect the streetscape as the new building work is located on a battleaxe block and would barely be visible from the Standish Street.

Officer’s Comment

The proposed building is approximately 58m to Standish Street. Clause 3.7.2 of the Code also states that a variation may be considered where unusual site constraints exist, or if there is an established building line of less than 7.5m and the proposal would have minimal impact on the streetscape.

It is considered that the proposal has minimal impact on the streetscape and the proposed building line is acceptable.

1.8m High Front Fence

The proposed front fence is a 1.8m high bagged and painted block work wall and does not comply with the 0.9m maximum height for a front fence.

Officer’s Comment

As discussed previously, the subject site is a battleaxe block. The fence between the subject site and No.1 Standish Street is approximately 52m to Standish Street and would be screened by the existing two storey building on 1 Standish Street, Greenwich. It is considered that the proposed fence would have minimum impact on the streetscape and would provide privacy to the occupants of both No.1 Standish Street and the subject site. Therefore, it is considered that the 1.8m high proposed fence between No.1 and No.3 Standish Street is acceptable.

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

First Notification

The development proposals were notified in accordance with Council’s notification policy. The initial proposal was notified during 27 December 2006 until 17 January 2007. Four submissions were received in response to the notification of the initial design of the development. The main issue raised in the submission related to the two storey northern façade of the proposed building and the set back of the rear deck to the eastern boundary. The submissions states that initial proposed building would cause loss of views and block solar access of the adjoining properties.

Officer’s Comment

It is considered that the objections to the initial proposal raised by the submissions are valid and the submissions were forwarded to the applicant. The applicant agreed to lodge amended plans to address the neighbours’ concerns.

Second Notification

The amended plans were renotified during 2 March 2007 until 16 March 2007. Two submissions were received in respects to the amended proposal. The owners of 117A River Road, Greenwich stated that amended proposal would have adverse impacts on the privacy and solar access to their property.

The applicant responded that the combination of reducing the size of the southern terrace, increasing the setback from the eastern boundary to a total of 3850mm, cutting back of the neighbour’s southern deck that encroaches over the subject site and the retention of the large Pittosporum Undulate and other well established vegetation would provide significant privacy and screening for both properties.

The applicant also states that the shadow diagrams lodged with the development application show the northern area of the neighbouring site receives solar access throughout the morning. The attached perspective shadow diagrams in the response show that the neighbouring site and dwelling begins to be shadowed from around 2.30pm onwards. The proposed development complies with Council’s solar access requirements stated in the Code for Dwelling Houses.

The owners of 1 Standish Street stated in their submission that the proposed “mono-pitched” roof on the northern façade of the proposed building would cause of loss a significant view from the terrace area on the ground level of their property and requested to lower roof of the northern façade.

The applicant in their responded stated that they have used the surveyed site level and computer modelled the proposal, superimposing the design onto photos taken from the neighbour’s southern deck area. The proposal actually improves the view when compared to the previous Court approved development consent.

The proposed mono-pitched roof across the northern elevation is designed for maintaining the privacy to the courtyard, swimming pool and the living room of the future occupants of the development.

The large entertainment deck at the rear of 1 Standish Street is a storey above the proposed dwelling on the subject site, would have views of the courtyard area if the roof is removed. The roof also provides privacy from overlooking from 5 Standish Street, which has a 1^st storey sun room and balcony, and the two balconies to the upper level bedrooms, proposed as part of the recently approved development consent to No.1 Standish Street.

Officer’s Comment

The subject site is located to the south of 1 Standish Street and to the west of 117A River Road. The assessment has revealed that the amended plans comply with the solar access requirements of the Code relating to these two adjoining properties.

The amended plan has removed a complete storey from the northern façade of the proposed building. An archive research has revealed that the highest point of the proposed “mono-pitch roof’ is at RL35.56m which is only 1.15m higher than the finished floor of the decking area of the recent approved DA at 1 Standish Street. The proposed development would retain the majority water view of 1 Standish Street.

The archive research also revealed that the roof height of the Court approved building in the previous development consent was at RL 35.61 which is higher than the highest point of the “Mono-pitch” roof the current proposed build. Therefore, it is considered that the design of the proposed building is acceptable.

CONCLUSION

The matters in relation to Section 79C considerations have been satisfied.

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. 373/2006 for the construction of a two storey dwelling house at 3 Standish Street, Greenwich, subject to the following conditions:

General Conditions:

1. (20) That the development be strictly in accordance with drawing number No. 0623-DA-03, Rev 01 and 0623-DA-04, Rev 01 dated 28 February 2007 prepared by Sandberg Schoffel Architects and the Landscape Plan No. 0143-02/03 dated 4 December 2006 prepared by BioDesign & Associates Pty Ltd.

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

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

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.

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

7. (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.

8. (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.

9. (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.

10. (39) The building not to be used for separate occupation or commercial purposes.

11. (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.

12. (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.

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

14. (52) The swimming pool being surrounded by a fence:-

a) That forms a barrier between the swimming pool; and

i) any residential building or movable dwelling situated on the premises; and

ii) any place (whether public or private) adjacent to or adjoining the premises; and

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

15. (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure. If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

16. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

17. 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) Pool reinforcement prior to placement of concrete.

h) The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i) Stormwater drainage lines prior to backfilling

j) Completion.

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

a The establishment of the first floor level;

b The roof framing; and

c The completion of works.

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

19. (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.

20. (72) The proposed works must be confined within the boundaries of the site.

21. (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

22. (75) Use of explosives is not permitted.

23. (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.

24. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

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

26. (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.

27. 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 $610,000.00 = $2135.00.

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

Landscaping Conditions

28. (300) A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000). The co-operation of all residents is sought in the preservation of the bushland character of the Municipality. All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

29. (301) Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.

30. (NEW) The Site Protection Plan (dwg: 02/03) must be adopted as part of this consent. The dead tree in zone 4 on the western boundary is to be retained. No pruning of this tree is permitted. The upper branches of the three (3) other dead trees in zone 4 can be pruned. If any of the trees cannot be pruned, then removal is permitted with the provision that no other neighbouring trees are damaged in the process of removal.

31. (302) The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

32. (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

33. (304) All street trees to be retained must be protected during the construction process.

34. (305) All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974. If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

35. (306) All materials brought onto the site must be weed free.

36. (307b) Any weeds in the bushland area lists under the Noxious Weeds Act must be continually eradicated using suitable bush regeneration methods ensuring there is no long term re-establishment. Refer to council’s website www.lanecove.nsw.gov.au for further information.

37. (308) Rubbish must be stored in sealed in a locked container / cage. Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

38. (329) The recommendations set out in the Bushland Management Report and Plan (dwg: 03/03) Report prepared by BioDesign & Associates Pty Ltd in conjunction with the Site Protection Plan (dwg: 02/03) must be followed at all stages of the development.

39. (331) All bush regeneration works within the bushland area within the development site must be carried out at all times to the satisfaction of the Bushland Manager.

40. (332) During construction / landscaping the designated environmental area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish. Any rubbish that is blown into these areas must be immediately cleaned up.

41. (333) In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately. Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager.

42. (334) Any clean up operation which involves disturbing the vegetation, leaf litter or soil crust, must be coordinated through Council’s Bushland Manager and the owners of the neighbouring property.

43. (335) All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

44. (347) All tree protective measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE, to the satisfaction of Council’s Tree Preservation Officer and/or Landscape Architect, and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

45. (349a) A 1.8 m high chain mesh fence shall be erected around the tree protection zones to be included and locations identified in the approved Tree Protection Plan. The fenced area must not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65. Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

Conditions of NSW Rural Fire Service

46. Construction of southern elevation and exposed section of the western elevation shall comply with AS3959-1999 level 3 ‘Construction of Buildings in Bushfire Prone Areas’.

47. All other construction shall comply with AS3959-1999 level 2 ‘Construction of Building in bushfire Prone Areas’.

48. The proposed timber decked pool area shall be constructed from a level 2 fire resistant species timber identified within Rural Fire Service Development Control Note 01.

49. The entire property shall be managed as an ‘Inner protection Area’ as outlined within section 4.2.2 in Planning for Bushfire Protection 2001.

Note: A copy of RFS Development Control Note 01 is attached.

General Engineering Conditions

50. (206) Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan GSTA-61211-A prepared by Water Plan Pty Ltd.

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.

Engineering Conditions to be complied with Prior To Construction Certificate

51. (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.

Overland Flow around Buildings:

To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding, in the event of the full blockage of the subsurface drainage system.

Construction near Easements, Pipelines, Culverts, or Watercourses. Buildings and other structures are to be kept clear of natural watercourses, drainage easements and pipelines. The proposed building shall not encroach onto any existing drainage easement. Where necessary any existing stormwater line located on the property is to be relocated or adjusted to be clear of the proposed building.

52. (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.

53. (232) Stormwater Dispersal System. Stormwater runoff from the impervious areas as indicated shall be collected and piped by gravity flow to an dispersal trench system to Council’s requirements.

Stormwater from (a) the overflow from the rainwater reuse tanks and (b) the “on ground” areas to drain to a new dispersal system. The dispersal system is to be sized to take, all the sealed areas in the yards as well as the overflow from the rainwater tanks. Prior to issue of the Construction Certificate, stormwater drainage details for the stormwater system are to be submitted to Certifying authority for approval. In this case the dispersal trench is to be a minimum of (a) 2.0m to any property boundary and (b) 1.0m from the sewer, and (c) 3.0m from any structure or building.

54. (Special) Rainwater Reuse Tanks

Rainwater reuse tanks are to be provided as per the following. A detailed plan showing the proposed stormwater reuse system including the tank(s), the supply and the reticulation system shall be submitted to and approved by Council or an Accredited Certifier prior to release of the Construction Certificate. The reuse tank is to incorporate the following matters:-

a) The BASIX requirements relating to Rainwater and Stormwater are to be reproduced onto the Construction Certificate drawings.

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

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

d) The overflow from the rainwater reuse tank is to drain by gravity to the dispersal system.

e) Any access lid into the rainwater reuse tank is to have a lockable lid. If the access lid is designed to be accessed by a maintenance person, it must be at least 600mm x 900 mm in size.

55. (233) Environmental Pollution Control Pit. One (1) stormwater pit shall be provided, on the new stormwater line, (at the lowest point of the line, just prior to the new stormwater pipe discharging to the dispersal system). The Environmental pollution Control Pit is to be designed as a gross pollutant trap to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, (and a readily removable litter basket), and a sediment collection sump and must be designed to drain completely in dry weather. The pit is to be cleaned on a regular basis to the satisfaction of Lane Cove Council.

Engineering Conditions to be complied with Prior to Commencement of Construction

56. (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.

57. (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.

58. (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 being carried out at the applicant’s cost and prior to the commencement of works.

59. (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’.

60. (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.

61. (234) Existing Drainage Systems. Should the construction of the proposed development result in the disturbance of any existing on-site stormwater drainage systems, including pipelines and/or absorption trenches, then these systems are to be relocated on-site in accordance with the requirements of Councils standards and specifications for stormwater drainage.

Engineering Conditions to be complied with Prior to Occupation Certificate

62. (254a) Certificate of Satisfactory Completion. Certificates from a registered and licensed Plumber, or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to (a) issue of any Occupation Certificate, or (b) Occupancy or use of the development.

1) Confirming that the site drainage system has been constructed in a satisfactory manner. Reference is to be made to the following:

Reference is to be made to the following:

(a) Stormwater system from the roof to the reuse tank,

(b) Stormwater reuse tank,

(d) Where the reuse water is connected.

(e) Overflow from the reuse tank to the receiving system,

(f) Dispersal system

(e) An Environmental Pollution Control Pit on the lowest point of the line.

2) 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.

3) Confirming that the proposed development did not result in the disturbance of any existing stormwater drainage systems, including pipelines and/or absorption trenches on the development site.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	4 Pages
AT‑2 View	Neighbour Notification Plan	1 Page

PBC070507ES_84.doc

***** End of Environmental Services Division Report No. 84 *****

PLANNING AND BUILDING COMMITTEE
7 MAY 2007

Planning and Building Committee at the Meeting 7 May 2007

17 April 2007 to Planning and Building Committee

Environmental Services Division Report No. 141

Subject: 194 Pacific Highway Greenwich - Section 96 Application

Record No: DA06/108-01 - 9153/07

Author(s): Kendell Pesavento

Property: 194 Pacific Highway, Greenwich.

Lot & DP: Lot 2 DP 560525 and lots 2 & 3 DP 10175

DA No: DA108/06 – Section 96 DA108/06A

Date Lodged: 2/2/07

Cost of Work: Nil. Amendment to a condition of consent.

Owner : Keengap Pty Ltd.

Author: Kendall Pesavento.

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Section 96 Application to amend Condition No 1 of Development Consent D108/06 to delete Lot No.1 on ground floor plan to enable the conference room to be increased in size.
ZONE	Residential 2(c)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes.
IS THE PROPERTY A HERITAGE ITEM?	No.
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No.
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No.
BCA CLASSIFICATION	Class 3
STOP THE CLOCK USED	Yes.
NOTIFICATION	Neighbours Not required Ward Councillors Not required Progress Association Not required Other Interest Groups Not required

REASON FOR REFERRAL

The original Development Application was considered at the Planning and Building Committee Meeting on 18 December 2006. The Section 96 amendment to Development Application No. D108/06 is therefore also referred to the Committee for consideration.

EXECUTIVE SUMMARY

Council at its Planning and Building Committee meeting held on 18 December 2006 resolved to approve the Strata Subdivision of motel units into 104 allotments at 194 Pacific Highway, Greenwich, Development Application No 108/06. A Section 96 application to modify conditions 1 and 8 of the development consent issued under DA 108/06 was lodged with Council on 2 February 2007.

Condition No 8 of the development consent was specifically imposed by Council to ensure the on site car parking spaces were not leased or sold to external users and that the car parking areas remain as common property. Legal advice was sought from Council’s Solicitors Pike Pike & Fenwick in respect to the amendment of Condition No 8 and the advice stated that it could not see any reason why the applicant would need to delete the car parking from being common property. Following from this advice, the applicant decided to withdraw the amendment request to Condition No 8 and only request the amendment to Condition No 1 to accommodate some minor amendments to sheet number 4 of the strata plan.

SITE

The site is located on the north western corner of the Pacific Highway and Bellevue Avenue Greenwich and is occupied by a multi level motel complex currently known as the Mercury motel. The proposal adjoins the Greenwich Inn to the west and commercial properties to east.

The legal description of the property is Lot 2 DP 560525 and Lots 1, 2 and 3 DP 10175 Pacific Highway, Greenwich. The total site area is 2426.0 square metres. The Draft Strata Title Plan (sheet 4) dated 25 January 2006 and the site locality plan are attached (AT1 and AT2).

PROPOSAL

The Section 96 amendment to Development Application D108/06 proposes to amend Condition No 1 of the Development Consent DA 108/06 which states:

“1. (20) That the development be strictly in accordance with drawing number 1 to 8 dated 19/12/2005 by Denny Linker and Co. Surveyor.”

The reason for the amendment to Condition No 1 and the approved stamped plans is to delete Lot No 1, located on the ground floor plan to enable the conference room to be increased in size. Therefore drawing No 4 is required to be amended under this Section 96 Application. The other plans approved under Development Application DA108/06 being drawing numbers 1,2,3,5,6,7,8 dated 19 December 2006 will remain unchanged by this Section 96 Application.

It should also be noted that there are some minor changes to the allotment areas on Drawing No.4. These changes reflect the latest approved construction works on the site.

PREVIOUS APPROVALS/HISTORY

1. DA108/06 – Strata Subdivision of motel units approved by Council’s Planning and Building Committee on 18 December 2006.

2. Council issued Development Consent D193/05 on 4 October 2005 for motel refurbishment and upgrading works to provide a total of 102 motel rooms.

3. Modification to the consent (D193/05A) was issued on 23 March 2006 in terms of the motel refurbishment.

PROPOSAL DATA/POLICY COMPLIANCE

Site Area (2426m²)

In view of the fact that no building alterations or additions are proposed the policy compliance tables are not applicable.

REFERRALS

Manager Urban Design and Assets

Referral not required.

Manager Parks

Referral not required.

Manager Bushland

Referral not required.

Other (Heritage, Traffic, Waterways, Rural Fire Service)

Referral not required.

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

The proposed Strata Subdivision of the motel complex is permissible under the Lane Cove Local Environmental Plan 1987 with the consent of Council. The application does not intend to alter the approved motel refurbishment as identified in consent D193/05A. The motel unit layout, in the strata plan submission, is in accordance with the previous approved plans.

Section 94 Contributions

The site was previously approved as a motel complex and there are no Section 94 Contributions requirements.

Other Planning Instruments

The relevant Act that would relate to the proposal is the Strata Scheme (Freehold Development) Act 1973 that indicates under Clause 9 subdivision of lots and common property in a building can be Strata Subdivided.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

There is no variation to Council codes/policies.

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

The Section 96 Application was not notified as it proposes to amend one condition of the consent issued under DA 108/06. In addition the proposed amendment will not adversely impact on the amenity of surrounding properties.

CONCLUSION

An assessment of the submitted draft strata plan (sheet No 4) has been undertaken and it is considered that the proposed amendment to the ground floor plan to delete Lot 1 is satisfactory and will not result in any adverse impacts to the surrounding area.

The matters in the DUAP Guidelines in relation to Section 79C considerations have been satisfied.

RECOMMENDATION

That:

A. Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to the Section 96 Application No. 108/06A for the strata subdivision of the motel complex at 194 Pacific Highway, Greenwich, subject to the following conditions:

1. Amended: (20) That the development be strictly in accordance with drawing number 1,2, 3,5,6,7,8 dated 19 December 2005 and drawing number 4 dated 25 January 2006 by Denny Linker and Co. Surveyor.

2. (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.

3. (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

4. (27) The submission for Council's approval and endorsement where necessary, of all instruments creating restrictive covenants including height restrictions, building lines, drainage easements and rights-of-way prior to release of the subdivision certificate.

5. (28) Submission of final linen plans (plus 5 copies) and S88B Instrument (plus 5 copies) prepared by a registered surveyor.

6. (29) The Linen Plan or subdivision certificate will only be released by Council upon satisfactory compliance with the requirements of conditions Nos. 1-5 and 7-11, and subject to the Linen Plan being substantially in accordance with the approved Plan of Subdivision.

7. The Strata title motel rooms shall be used for short term accommodation purposes and in conjunction with the approved land use being a motel complex. The site shall not be used for serviced apartments or for a Residential Flat Building purpose.

8. On site car parking spaces shall be used solely for the motel occupants and staff employed on the property. The leasing of the car parking area to external users is prohibited. The car park shall remain as common property in the strata plan and shall be managed by the Owners’ Corporation.

9. Submission to Council of a copy of the proposed Strata Management agreement that outlines how the management of the units for short term accommodation will be implemented. The agreement to be provided to Council prior to release of the Linen plans of subdivision.

10. Separate kitchens and laundry facilities shall not be provided to any of the motel rooms.

11. No separate electricity, gas and water meters are to be provided for any strata titled allotment. Only one common metered facility to be provided for the complex.

12. Prior to the execution of the Plan of Subdivision by the Principal Certifying Authority, all consent conditions for DA 193 / 05, (being the DA for the refurbishment for the motel), are to be completed or addressed and the Final Certificate of Occupancy is to be issued, (for DA 193 / 05).

B. A notation be included on all s149 Certificates for the property, advising that the “The Strata title motel rooms shall be used for short term accommodation purposes and in conjunction with the approved land use being a motel complex. The site shall not be used for serviced apartments or for a Residential Flat Building purpose”.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	1 Page
AT‑2 View	Neighbour Notification Plan	1 Page

PBC070507ES_141.doc

***** End of Environmental Services Division Report No. 141 *****

***** END OF AGENDA *****

ITEM REPORT CONTENT PAGE