Agenda of Ordinary Council

ORDINARY COUNCIL
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 159
4 JUNE 2007

Ordinary Council at the Meeting 4 June 2007

1/05/2007 to Ordinary Council

Environmental Services Division Report No. 159

Subject: 6 Arding Street, Lane Cove

Inspection Committee at its meeting on 02 June 2007 resolved that the matter be referred to the Ordinary Council meeting to be held on 04 June 2007.

Record No: DA06/320-01 - 10549/07

Author(s): May Li

Property: 6 Arding Street, Lane Cove

DA No: 320/06

Date Lodged: 23 October 2006

Cost of Work: $185,196.00

Owner : Z H & W G Guo

Author: May Li

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Ground floor alterations and first floor additions to the existing dwelling house
ZONE	2(a1) – Residential
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 – 170 days
NOTIFICATION	Neighbours: 2-10 Arding Street, 5-9 Canberra Street and 2-6 Elizabeth Parade, Lane Cove Ward Councillors I Longbottom, F Teirney and W Gaffney Progress Association Stringy Bark Creek Residents Association

REASON FOR REFERRAL:

The development application was called by the Mayor Councillor Longbottom due to concerns relating to the solar access and the outlook of the adjoining property at No. 9 Canberra Street, Lane Cove

EXECUTIVE SUMMARY:

The development proposal involves alterations to the ground floor and first floor additions to the existing dwelling house on the subject site. The initial development proposal was notified during 9 November 2006 until 25 November 2006. There were 5 submissions received in respect to the initial development proposal and the submissions raised objections to the proposed development relating to solar access, privacy and the outlook of the adjoining properties, the bulk and the scale of the proposed building and the streetscape issues.

The applicant lodged amended plans for the proposed development on 1 February 2007. The amended plans indicated that the south eastern corner of the original first floor additions has been deleted to improve the distance view and solar access of the adjoining property to the rear. The amended proposal was renotified during 6 February 2007 until 20 February 2007. Two submissions were received from the owners of 9 Canberra Street. The submissions stated that the amended proposal has not fully addressed their concerns relating to the solar access to their outdoor recreation area.

The subject site is not listed as a Heritage Item and is not located within a conservation area in under Lane Cove LEP 1987. Two storey dwelling houses are permissible within the zone and the proposed first floor addition is considered satisfactory and would not adversely impact on the amenity of the area. The proposed development complies with the provisions of Council’s Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings (the Code). Therefore, it is considered that the proposed development is satisfactory and is recommended for approval subject to conditions.

SITE:

The subject site is located on the southern side of Arding Street, between Centennial Avenue and Canberra Street. The site area is 571.53m² and an existing single storey dwelling house with an in-ground swimming pool is located on the subject site. The area is a mixture of detached single and two storey dwelling houses and residential flat buildings. Copy of original Site Plan and Shadow Diagrams, Amended Site Plan and Shadow Diagrams and Notification Plan are attached (AT1, AT2 and AT3).

PROPOSAL:

The proposal involves alterations to the ground floor and first floor additions to the existing dwelling house. The first floor addition contains three bedrooms and an ensuite bathroom. The proposal also involves replacement of some existing hard paved area with soft landscaping area.

Refer to the amended plans dated 29 January 2007 for details.

PREVIOUS APPROVALS/HISTORY:

There is only one previous Building Application lodged for the subject site. Building Application No. 6.1988.338 for the construction of an in-ground swimming pool was approved on 3 August 1988. It is considered that the previous Building Approval is relevant to the current development proposal because the previous consent resulted in the existing soft landscaping area less than 35% of the site area.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (572m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.41:1	0.5:1	Yes
Soft Landscaped Area (min)	35%	35%	Yes
Side Boundary Setback (min)	2.2m	1.5m	Yes
Overall Height (m) (max)	8.2m	9.5m	Yes
Ceiling Height (m) (max)	6.2m	7.0m	Yes
No of Storeys	2	2	Yes
Building Line (max)	As existing (9.8m)	7.5m	Yes
Foreshore Building Line (min)	N/A	N/A	N/A
Cut and Fill (max)	N/A	1m	N/A
Deck/Balcony width (max)	N/A	3m (if elevated by >1m)	N/A
Solar Access (min)	More than 3 hours to north elevation	3 hours to north elevation	Yes

REFERRALS:

Manager Urban Design and Assets

The development proposal was referred to Council’s Development Engineer for comment as part of the development assessment process. No objection was raised and the development application is recommended for approval subject to conditions.

Manager Open Space

There is an existing Lilly Pilly tree located at the south-western corner of the subject site which has created a significant overshadowing impact on the outdoor recreation area of 9 Canberra Street, Lane Cove. The applicant sought Council’s support for the removal of this tree and replacement with a suitable species.

The applicant’s request was referred to Council’s Manager of Open Space for comment. The Manager of Open Space states “that the proposal to remove the tree from the rear yard to improve sun access to the neighbours is not a matter that needs to be addressed as part of the development application process. It is better dealt with through the Tree Preservation Order process”.

The preliminary assessment of the tree has revealed that the removal of the Lilly Pilly tree is unlikely to be supported by the Manager of Open Space.

Manager Bushland

Not applicable

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

Not applicable

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

The subject site is zoned Residential 2(a1) under Lane Cove Local Environmental Plan 1987. The proposed development is permissible within the Residential 2(a1) Zone with the consent of Council.

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

Other Planning Instruments

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

The above Code applies to the proposed development and has been used for the assessment of the development application. It is considered that the proposed development complies with the objectives and all relevant requirements of the Code.

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

Not applicable

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

The development proposal was notified twice in accordance with Council’s notification policy. The initial development proposal was notified during 9 November 2006 until 25 November 2006. Five (5) submissions from the owners of three nearby properties were received in response to the notification of the development application. The issues raised in the submissions can be summarised as follows.

No.4 Arding Street, Lane Cove (2 submissions)

The submission states that the proposed development would create overshadowing, loss of light, view loss and privacy impacts.

Comment

The solar standard of the Code states as the follows:

Building or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the adjoining premises between 9.00am and 3.00pm on 22^nd June. In particular, dwellings are to be so located and designed that a portion of north facing windows of neighbouring dwellings received at least 3 hours of sun between 9am and 3pm on 22^nd June.

The objector’s site is located to the east of the subject site. The shadow diagrams submitted with the development application show that the addition would only cast additional shadow over the rear lawn area of 4 Arding Street in the afternoon. The proposed development complies with the solar access standards of the Code.

The setback of the first floor addition is 2.2m to its eastern boundary.

The proposed setback complies with Council’s 1.5m setback boundary requirement. In addition, it is considered that there are sufficient setbacks between the adjoining buildings and the proposed development.

No.7 Canberra Street, Lane Cove

The submission raised concerns to the proposed two storey building and its bulk and scale. Also the proposed building does not reflect the character of the neighbourhood as all adjoining properties are single storey dwelling houses.

Comment

It should be noted that the area consists of a mixture of single and two storey detached dwellings and residential flat buildings. It is considered that the proposed development would be compatible with likely future developments in the area.

Two (2) storey dwelling houses are permissible within the Residential 2(a1) zone under the Lane Cove Local Environmental Plan 1987 and each application is considered in accordance with Council’s standards, requirements, controls and on merit.

The proposed first floor addition is located on the rear section of the existing dwelling house and is approximately 17m to the front boundary of the subject site. It is considered that the proposed first addition would not adversely impact on the streetscape and is acceptable for the locality.

No.9 Canberra Street, Lane Cove (2 submissions)

The submissions from the owners of 9 Canberra Street state that the proposed development would create overlooking, overshadowing and loss of distant view impacts on their property. There is a large densely foliated Lilly Pilly tree located at rear of 6 Arding Street which already casts a shadow over the rear yard of 9 Canberra Street and the proposed addition would exacerbate the overshadowing impact.

The submissions also request that the proposed first floor additions to be moved to the front “footprint” of the house and that the Lilly Pilly tree be replaced by a more suitable tree. It should be noted that the submission from the owner of 4 Arding Street raised objections to move the first floor addition forward to the front section of the existing dwelling house.

Comment

No.9 Canberra Street is located to the rear of the subject site. The proposed first floor additions are more than 8m away to its rear boundary. The shadow diagrams submitted with the development application indicated that the proposed first floor additions would only cast additional shadow in the morning in mid-winter on 22 June. A bedroom window on the first floor of the proposed building would create an overlooking impact on the adjoining property to the rear and the proposed building would also cause loss of some of the distance view of No.9 Canberra Street, Lane Cove. In terms of the removal of the Lilly Pilly tree, the Lilly Pilly tree was not included in the original development proposal and Council’s Manager of Open Space stated that the remove the tree should be deal separately under the Tree Preservation Order process.

A copy of the submissions was forwarded to the applicant. The applicant lodged amended plans to address the neighbours’ concerns on 1 February 2007. The amended plans show that the south-eastern corner of the initial proposed first floor addition has been deleted and the proposed first floor additions have been extended 1.2m toward to the front of the property. The amended proposal would improve the distance view of the adjoining property at 9 Canberra Street. The amended plans also show that two proposed windows in the wall facing 9 Canberra Street would have obscure glazing and are awning styles which would direct any viewing down into the rear yard of the subject site. This would be achieved by using a chain winder device that restricts the window being fully open. The amended proposal also involves replacing of some existing hard paved area at the rear with soft landscaping area to ensure that the proposed development complies with Council’s soft landscaping requirement.

The amended plans were renotified during 6 February 2007 until 20 February 2007. Two submissions from the owners of 9 Canberra Street were received. The submissions raised objections to the amended proposal and stated that the amended plans have not fully addressed their concerns relating to the solar access and the distance view. The rear recreation area of 9 Canberra Street currently only receives two and half hours solar access between 9am and 3pm in midwinter due to the shadow cast by existing trees. It should be noted that the proposed first floor addition would reduce an hour of the solar access to the outdoor recreation area of No.9 in mid-winter.

Comment

The shadow analysis has revealed that the proposed building only cast shadow on the rear yard of 9 Canberra Street between 9am and 10am in mid-winter (on 22 June). The existing trees on both properties have created a significant impact on the solar access to the outdoor recreation area of 9 Canberra Street, Lane Cove.

The amended plans would improve the distant view from 9 Canberra Street and the privacy issue has been fully addressed by the redesign of the bedroom windows.

CONCLUSION

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

The proposed development is permissible within the Residential 2(a1) Zone under Lane Cove Local Environmental Plan 1987. The proposed development complies with Council’s standards, controls and requirements.

It is considered that the proposal would not adversely impact on the amenity of the area and streetscape. Therefore in view of the above the application is recommended for approval subject to the imposition of conditions.

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. 320/2006 for the alterations to the ground floor and first floor additions to the existing dwelling house at No.6 Arding Street, Lane Cove, subject to the following conditions:

General Conditions

1. (20) That the development be strictly in accordance with drawing number J933/2006 issue A dated 29 January 2007 prepared by EBRA Constructions 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.

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 and the soft landscaping area must be completed prior to the issue of the Occupation Certificate.

7. (25) The retention on site, without damage, of all existing trees, excepting those shown in the approved plan, to be removed. The consent of Council to be obtained for the removal of any trees.

8. (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.

9. (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.

10. (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.

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

12. (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.

13. (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.

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

15. (51) A Tree Preservation Order applies in the Municipality of Lane Cove. The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00). 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.

16. 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.

17. 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.

18. (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.

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

20. (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.

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

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

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

24. (130) Compliance with the Waste Management Plan approved under application D*.

25. (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.

26. 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;

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 $270,000.00 = $ 945.00.

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

General Engineering Conditions

28. (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

29. (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.

30. (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, (which are to be utilised), are to be checked and documented by a suitably qualified, practicing, 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.

31. (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

32. (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.

33. (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.

34. (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’.

35. (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 Conditions to be complied with Prior to Occupation Certificate

36. (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 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

2) 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’.

3) 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.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Original Site Location Plan and Shadow Diagrams	2 Pages
AT‑2 View	Amended Site Plan and Shadow Diagrams	2 Pages
AT‑3 View	Neighbour Notification Plan	1 Page

CNL040607ES_159

***** End of Environmental Services Division Report No. 159 *****

ORDINARY COUNCIL
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 164
4 JUNE 2007

Ordinary Council at the Meeting 4 June 2007

8/05/2007 to Ordinary Council

Environmental Services Division Report No. 164

Subject: 8 Kimberley Avenue, Lane Cove

Inspection Committee at its meeting on 02 June 2007 resolved that the matter be referred to the Ordinary Council meeting to be held on 04 June 2007.

Record No: DA06/335-01 - 11147/07

Author(s): May Li

Property: 8 Kimberley Avenue, Lane Cove

DA No: 335/2006

Date Lodged: 10 November 2006

Cost of Work: $3000.00

Owner : J M F Tho-Hoang & M V Hoang

Author: May Li

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Construction of a rain water tank / landscaping water pond at the front of the site.
ZONE	2(a1) - Residential
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	Class10b
STOP THE CLOCK USED	Yes -36 days
NOTIFICATION	Neighbours No.6, No.10. No.12. No. 13, No.15, No.17 & No. 19 Kimberley Avenue, Lane Cove Ward Councillors R Tudge & T Lawson Progress Association Osborne Park Progress Association Inc

REASON FOR REFERRAL:

The development application has been called by Councillor Tudge due to the concerns raised by adjoining property owners.

EXECUTIVE SUMMARY:

The development proposal involves construction of a rain water tank/landscaping water pond at the front of the property. The development proposal was notified in accordance with Council’s notification policy and three submissions were received. The submissions raised objections and stated that the proposed development would create noise and health impacts on the adjoining properties.

Assessment has revealed that the site is located at the higher side of Kimberley Avenue and the proposed water pond would be screened by an existing 1.6m high steel/rendered brick front fence and proposed front screen landscaping. The proposed water pond would reduce the soft landscaping area of the site. However, the applicant has agreed to remove the timber decking located at the rear of the property to ensure that the soft landscaping area of the site complies with Council’s minimum requirement of 35%. The proposed rain water tank/water pond is a landscaping feature and the impact on the streetscape is considered minimum. The neighbours concerns relating to the noise impacts would be addressed by the conditions of the development consent. The development application is therefore recommended for approval subject to conditions.

SITE:

The subject site is located on eastern side of Kimberley Avenue, between Mafeking Avenue and Gatacre Avenue. The site area is 813m² and slopes from the rear to the front of the property. An existing dwelling house with a basement garage, a detached single garage and a separated outbuilding are located on the subject site. The surrounding area consists of a mixture of single and two storey detached dwelling houses. Copy of Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL:

The proposed development involves construction of a rain water tank / landscaping water pond at the front of the property. The size of the water pond is 6.5m x 5.7m with a maximum height of 1.3m above natural ground level. The side setback of the proposed pond is 0.9m from its southern boundary and 1.1m from the front boundary. The proposed pond is lower than the existing 1.6m high mixed steel and rendered brick front fence and would be screened by screen planting between the front fence and the water pond.

Refer to the plans submitted with the development application for more details.

PREVIOUS APPROVALS/HISTORY:

The previous development applications lodged for the subject site include:

Application No.	Date	Description	Decision
8.1999.386	15/22/1999	Demolition of the existing dwelling house & construction of a new dwelling house with basement garage	Approved
9.2002.14	29/6/2000	Complying development for the construction of an in-ground swimming pool at the rear of the property.	Approved
8.2004.348	15/2/2005	Construction of a new front fence and gates	Approved

It should be noted that the above developments previously complied with Council’s 35% soft landscaping requirement. The current application does not comply with Council’s requirement. However, as previously mentioned, the applicant has agreed to remove the rear timber decking located at the rear of the site so as to ensure that the application complies with Council’s soft landscaping requirement. An appropriate condition has been imposed requiring the removal of the rear timber decking and replaced with soft landscaping should Council approve the application.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (813m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	As existing	0.5:1	N/A
Soft Landscaped Area (min)	33%	35%	No
Side Boundary Setback (min)	As existing		N/A
Overall Height (m) (max)	As existing	9.5m	N/A
Ceiling Height (m) (max)	As existing	7.0m	N/A
No of Storeys	2	2	N/A
Building Line (max)	As existing		N/A
Foreshore Building Line (min)	N/A		N/A
Cut and Fill (max)	Less than 1m	1m	Yes
Deck/Balcony width (max)	N/A	3m (if elevated by >1m)	N/A
Solar Access (min)	As existing	3 hours to north elevation	N/A

REFERRALS:

Manager Urban Design and Assets

The proposed development has been referred to Council’s Development Engineer as part of the development assessment. No objections were raised and the development application is recommended for approval subject to conditions.

Manager Open Space

The proposal was referred to Council’s Manager of Open Space for comment. The Manager of Open Space stated that there is no tree issue associated with application. No objections were raised in relation to the proposed development.

Manager Bushland

Not applicable

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

Not applicable

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

The proposed development is ancillary to the existing dwelling house use and therefore is permissible under Lane Cove Local Environmental Plan 1987. It is considered that the proposed development complies with the aims and the objectives of Lane Cove LEP 1987.

Other Planning Instruments

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

It should be noted that Council has no requirements under its Code for the construction of rain water tank/landscaping water ponds. However, each application must be considered on merit. The proposed application indicates that the maximum height of the proposed rain water tank/landscaping water pond is 1300mm above natural ground level. The submitted plans also show that the concourse at the proposed water pond is only 900mm from the southern boundary. It is considered that the southern setback should have a required setback ratio of 1:1 measured from the edge of the concourse. Therefore, the setback of the proposed water pond should be increased to 1300mm to the southern boundary of the property. The increase of the setback would provide additional space for screen planting between the subject site and No.10 Kimberley Avenue.

So as to ensure safety, an appropriate condition would be imposed requiring fencing and gates under the Australian Standard 1926-1986, “Fencing and Gates for Private Swimming Pools” for the proposed development.

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

The proposed development was notified in accordance with Council’s notification policy during 27 November 2006 until 11 December 2006. Three submissions were received from the owners of properties of Nos. 10, 12 and 17 Kimberley Avenue. The issues raised in the submission can be summarised as follows.

The proposed upper and lower pond has overall dimensions of 5,700mm by 6,500mm with a gap of only 900mm to the front fence. It is far too big and does not match the alignment of any house in the avenue.

Comment

The proposed pond is a landscaping feature located at the front of the property. Council does not have a front setback control for the proposed landscaping structure. The proposed water pond is lower than the existing front fence and would also be screened by landscaping. It is considered that the proposed water pond is unlikely to adversely impact on the streetscape of Kimberley Avenue.

We do not want the noise of a waterfall disturbing our sleep all night

Comment

The submitted plans show that the pump of the proposed water pond is located under the porch of the existing house and is more than 7m to any boundary of the subject site. It is reasonable that any applicant be permitted to install a water feature and they rarely cause complaint. However, the noise concern raised by the objectors could be addressed by a condition of development consent should Council wish to approve the development application.

The pond will be breeding ground for mosquitoes.

Comment

The development application states that the water pond would store portions of the roof water which could also be used for watering the garden. The lower section of the pond would also be used for an ornamental fish pond. The water in the pond would be circulated by the water pump. Therefore, it is considered that the pond is unlikely to be a breeding ground for mosquitoes.

CONCLUSION

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

Based on the information supplied by the applicant and the imposition of conditions, it is considered that the proposed development would not adversely impact on the environment and the amenity of the surrounding area.

In addition, the proposed rain water tank/landscaping water pond would be lower than the existing 1.6m high front fence, would be screened with landscaping and therefore would not adversely impact on the existing streetscape.

In view of the above, it is recommended that the proposed development be approved subject to the imposition of conditions.

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. 335/2006 for the construction of a rain water tank/landscaping water pond at the front of the property at No. 8 Kimberley Street, Lane Cove subject to the following conditions:

General Conditions

1. (20) That the development be strictly in accordance with drawing number DA04F dated 10 November 2006 prepared by Archiworks Architects P/L.

2. 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 setback of the proposed rain water tank/water pond shall be a minimum of 1.3m from the southern boundary of the subject site.

(b) The width of the proposed rain water tank/landscaping water pond being reduced to 5300mm as marked in red on the approved plans.

(c) The timber decking located at the rear of the property shall be deleted to ensure that the soft landscaping area of the proposed development complies with Council’s minimum 35% requirement.

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

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

5. (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.

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

Monday to Friday (inclusive) 7.00am to 5.30pm

Saturday 7.00am to 4.00pm

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

7. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

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

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

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

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

11. (51) A Tree Preservation Order applies in the Municipality of Lane Cove. The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00). 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.

12. (52) The rain water tank/landscaping water pond being surrounded by a fence:-

a) That forms a barrier between the rain water tank/landscaping water pond; 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.

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 1926-1986, "Fences and Gates for Private Swimming Pools".

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE RAIN WATER TANK/LANDSCAPING WATER POND.

13. (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.

14. 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 water pond reinforcement prior to placement of concrete.

d) The water pond safety fence and the provision of the resuscitation poster prior to filling of the water pond with water.

e) Stormwater drainage lines prior to backfilling

f) Completion.

15. (65) Noise from waterfall is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays.

If the noise emitted from the water fall results in offensive noise, Council may prohibit the use of the water pump, under the provisions of the Protection of the Environment Operations Act 1997.

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

17. (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.

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

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

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

21. (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.

22. An Occupation Certificate being obtained from the Principal Certifying Authority before the commencement of the use of the water pond and the landscaping area in accordance with the Site /Ground Floor Plan submitted with the development application must be completed prior to the issue of the Occupation Certificate.

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.

Where existing absorption pits are to be relied on, the existing system is to be excavated at the extremities and photographic evidence of the system is to be obtained by a registered plumber, to definitively demonstrate the system is 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 Conditions to be complied with Prior to Occupation Certificate

31. (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 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

3) 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.

(If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council with the subject documentation.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

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

CNL040607ES_164

***** End of Environmental Services Division Report No. 164 *****

ORDINARY COUNCIL
CORPORATE SERVICES DIVISION REPORT NO. 26
4 JUNE 2007

Ordinary Council at the Meeting 4 June 2007

29/05/2007 to Ordinary Council

Corporate Services Division Report No. 26

Subject: Results of Consultation on 2007 Management Plan and Budget including the proposed Sustainability Levy

Record No: SU879 - 13325/07

Author(s): Craig Wrightson

Executive Summary

This report advises that following public exhibition and receipt of one submission, Council can proceed to adopt the Management Plan, Budget, Fees and Charges and update the Department of Local Government about the results of the community consultation.

Background

Council at its meeting of 2 April 2007, considered General Managers Report No. 8, Draft Budget and Management Plan 2007 - 2008 and resolved that:-

“1. Council adopt for the purpose of public exhibition subject to the adoption of the Financial Assistance Grants, the Draft Budget for the year to 30 June 2008 (with a Sustainability Levy and Without) and Draft Management Plan for 2007 to 2010 (with a Sustainability Levy and Without), subject to:-

a) Amending the figure subject to the estimated yield of the Stormwater Management Levy to $270,000 in the section titled “Revenue Policy” in the Draft Management Plan;

b) Program 8.4 of the Draft Budget, Footpath Improvement Program Capital Expenditure being amended to $100,000

c) The minor amendments raised in discussion relating to the notes being amended.

2. Council adopt for the purpose of public exhibition, the Draft Fees and Charges for 2007/08 subject to amending the charge for Outdoor Eating Areas within Greenwich Rd Area to $290.25 per Chair p.a.;

3. Council proceed to public exhibition until 24 May, 2007; and

4. Following public exhibition, the Draft Management Plans, Draft Budgets and Draft Fees and Charges together with any submissions received, be considered at the Council meeting to be held on 4 June 2007.”

Discussion

Management Plan

Consultation Process

Prior to exhibition the changes outlined in the resolution were implemented. Consultation was undertaken up until 24 May 2007 as per the consultation strategy outlined in the previous report. It included:-

· Briefing sessions to the leaders of local resident associations;

· a Deliberative Poll of 400 ratepayers;

· a staffed exhibition and survey over 3 days in the Plaza;

· a 2 page information spread in the Council News;

· an email to all registered members of the community interested in the environment and any matter Council consults on.

· a website exhibition and survey;

· static public exhibitions at the Council Administration Centre and Libraries,

· quarter page colour public notices were placed in the North Shore Times 13 April, 2007 and Northside Courier 18 April, 2007.

Consultation Results – Sustainability Levy

The Deliberative Poll of 400 Ratepayers was conducted by IRIS Research during April. In short, the poll found that 79% of respondents gave a rating of 3 or more (out if 5), in support of a levy. Mr Simon Pomfret from IRIS will be in attendance at the Council Meeting to provide a comprehensive presentation on the results of the poll.

As part of the staffed exhibition held in the Lane Cove Plaza a survey with 167 respondents was undertaken. 83% of respondents gave a rating of 3 or more (out if 5), in support of a levy. In support of this, 85% of respondents gave a direct yes that they supported a levy. The survey identified, feral animals, industrial emissions, wilderness protection as the top three important environmental issues in Lane Cove today. In response to the question, “what is the single most important thing that Lane Cove Council could do to protect and look after the environment”, the highest response was for recycling/ stormwater programs (28%).

Council’s website included a comprehensive exhibition and an online web survey. It received 33 responses, with 61% of respondents giving a rating of 3 or more (out if 5), in support of a levy. In support of this, 64% of respondents gave a direct yes that they supported a levy. The survey also identified, bush fires, feral animals and industrial emissions as the top three important environmental issues in Lane Cove today. In response to the question, “what is the single most important thing that Lane Cove Council could do to protect and look after the environment”, the highest response was also for recycling/ stormwater programs (18%).

All three of these surveys were based on the questions and methodology developed by IRIS for the deliberative poll. IRIS also reviewed the information materials provided as part of the Deliberative Poll to ensure it was unbiased. The surveys included a number of questions, including the prioritisation of the issues facing Lane Cove in achieving a sustainable future, and these will be further analysed and utilised in the prioritisation of projects to be funded through the levy.

Council received 20 written submissions which included 18 in support and 2 in opposition, these have been circulated separately to Councillors. The matters raised in the submissions will now be considered.

Submissions in Support

1. Nine submissions, including 2 from persons who reside out of the Council area, indicated they would like more funding to be directed to sustainable transport in particular cycle routes.

Response

Council acknowledges the value of cycle paths, put also recognises that they are expensive to retrofit. One of the key contributions to greenhouse gas emissions is the transport sector. As part of its response, Council will be working to promote alternative forms of transport, including public transport and cycling. The issue of cycle paths was considered in developing the projects to be funded. Funding was not included as the levy is focusing on delivering non-capital related programs. S94 funds and Council’s Facility Redevelopment Plan (if adopted) will provide funding sources for cycle paths into the future.

2. One submission called for a poll to be held every five years to determine the perceived success of the levy and whether it should continue and five submissions called for the levy to be time limited, for example 5 years.

Response

This issue was canvassed in the previous report in relation to the Levy. Council has identified 10 years of projects to be funded, which would still not see all the projects in the Suitability Action Plan completed. The success of the programs under the levy will depend greatly on the level of community involvement and the change achieved. On this basis, it would be appropriate to gauge the success of the programs through polls or other forms of consultation at regular intervals, and the suggestion of 5 years is considered reasonable. This would also provide a formal opportunity for the community to review the projects that the Levy has funded, and Council’s commitment in relation to spending all of the money on new sustainability initiatives.

3. One submission requested that no money from the levy be spent on GreenPower as it is a failure of other levels of government to provide GreenPower at no extra cost, another submission said GreenPower should be paid for from council’s ordinary budget..

Response

While this may or may not be true, the initiative under the levy to use GreenPower is to create a market for renewable power, and thus encourage investment in the area. Clearly without a formal emissions trading scheme, electricity generation from renewable sources will, in the short to medium term, be more expensive and it is important to demonstrate and show leadership that the extra costs is worth it. As there is extra cost, it is appropriate to charge it to the Levy, as it is a cost Council would not otherwise have incurred.

4. Four submissions opposed the inclusion of the Economic Sustainability projects, and one submission objected to and one supported the inclusion of Graffiti Removal as a project under Economic Sustainability.

Response

Economic is a head of consideration in accepted definitions of Sustainability, however, application of the term by Council has been questioned. The 2005 World Summit Outcome Document, referred to the "interdependent and mutually reinforcing pillars" of sustainable development as economic development, social development, and environmental protection. The Universal Declaration on Cultural Diversity (UNESCO, 2001) elaborates further the concept by stating that "...cultural diversity is as necessary for humankind as biodiversity is for nature”; it becomes “one of the roots of development understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence". In this vision, cultural diversity is the fourth policy area of sustainable development.

Council has included projects which ensure local economic vitality on the basis that being able to shop local means less transport is required and it fosters social capital. The projects to be funded in the first year relate to the structure plan for the village, tenancy mix planning and graffiti removal, which are not aimed directly at improving the economic output of the retailers as has been suggested. These actions would improve the village for everyone. In addition, programs such as the recent Village Green initiative will address the individual impacts of a business on the environment and sustainability. All of these projects are valid in maintaining economic development in balance with social development and environmental protection. This project area should therefore be maintained and funded under the levy.

5. Two submissions opposed the inclusion of the Cultural Sustainability projects, and one supported the inclusion of them.

Response

As outlined in 4, Culture is a head of consideration in Sustainability.

6. One submission supported an increase focus on climate change and the natural environment, while two supported a greater focus on water management.

Response

In the ten year expenditure program proposed, 20% would be spent on natural environment, 24% on climate change, 15% on water and 8% on community engagement, which will address climate change and water. This means the majority of funds are being spent in these areas, while attempting to spread the funds to achieve a balance. It should also be noted that the capital works associated with better water management would have other funding sources, including grants, s94 funds and Council’s Facility Redevelopment Plan (if adopted).

7. Two submissions indicated the administrative component was excessive.

Response

In addition to the policy work to be undertaken there is also a need to monitor and evaluate the success of programs. Council has given a significant commitment to communicate regularly to the community about progress of the levy and promote the initiatives undertaken to encourage change in the community. The funding proposed is not considered unreasonable to achieve this.

8. Three submissions questioned the survey methods utilised, the information provided and raised concerns that the Council newsletter was not delivered to everyone.

Response

Council employed a varied and extensive consultation strategy for the Levy. The idea of this was to ensure the broadest range of people were aware of issue, including those that do not actively read local newspapers, Council publications or visit Council’s website. The response from the community in the surveys from all sources was overwhelmingly favourable and on this basis, the results of the consultation can be relied upon as being representative of the community. Issues such as whether additional comments should be able to be made in the survey are secondary, and all Council’s survey followed the format developed by IRIS research for the deliberative poll, with the exception, that in the exhibition and web survey, a specific question was included, do you support the levy yes or no, in addition to the rating of support 1 to 5. It was suggested that Council should have provided funding options and made it clearer that the 6% would increase inline with Rates. Council did outline its current operating environment which outlines why a levy is required, there really isn’t another option to increase the speed of implementing the programs, as loans funds would not be appropriate for the non-capital programs that are proposed. In relation to future increases, it is implicit if not explicit. Finally, Council has checked with its regular delivery contractor and they have stated that the Council News was delivered throughout the area, it is acknowledges that letterbox delivery is problematic, but really is the only cost effective option available.

9. Three submissions suggested an independent body should oversee the expenditure and identify priorities.

Response

As acknowledged in the submissions, Council already has the Sustainability Action Committee which monitors the implementation of the Sustainability Action Plan. This means they will play a role in prioritising projects, as they have done in previous budgets. In terms of accountability, Council has already given a commitment that every cent from the levy will be spent on identified sustainability projects and that there will be no decrease in current levels of expenditure on existing programs. To facilitate this, Council will account for the funds from the levy separately and report the progress of projects and expenditure on a regular basis.

10. Two submissions queried whether the Voluntary Bush Care Donation and Stormwater Management Service Charge would cease.

Response

Council has flagged previously that Voluntary Bush Care Donation may no longer be appropriate if the Levy is granted by the Minister. The current donations are in the vicinity of $6,000 p.a and Council can provide these funds from the levy to support the excellent work undertaken by the volunteers.

In relation to the Stormwater Management Service Charge, there is no overlap between it and the proposed Sustainability Levy. The Stormwater Management Service Charge is an infrastructure Levy designed to redress the issues of urban density on the Stormwater Network and fund upgrades to improve network capacity and performance. Council first use of the funds will see a full audit of the existing network and identification / prioritisation of works to improve the network. It is proposed that this charge will continue.

Submissions in Opposition

1. One submission requested that pensioners be exempt.

Response

Council’s modelling indicates that 45% (5,575) of residential properties will pay the minimum, a $23 p.a. increase. Council’s modelling also shows that 89% of properties will pay less than $90 per year as a result of a 6% levy. The issue of the impact of a levy on pensioners will be monitored. It is Council’s policy to take no legal action for the recovery of money from a pensioner and Council currently has no long-term outstanding debt in relation to a pensioner. On an equity basis it is recommended that the levy be applied to all ratepayers.

2. One submission indicated that “the projects mentioned have a green vagueness overhang and appear economically disastrous”. Council should be more economical.

Response

The principle of sustainability is to achieve a balance between economic development, social development, and environmental protection, not solely focus on the environment. Council has given a commitment that all funds will be used on extra projects and will not offset Council’s existing costs.

As was the case with the surveys, a number of suggestions/issues were raised in the submissions which relate to Lane Cove achieving a sustainable future. These will be further analysed and utilised in future prioritisation of projects to be funded through the levy.

Consultation Results – Other

Council received a submission from Lane Cove Swimming requesting funding for a solar blanket for the 50m outdoor pool, “to extend the swimming season in the outdoor pool, ideally for year round swimming”. The estimated cost is $35,000 and it is suggests Council considers this proposal as a Sustainability Levy 2007 Project, with the possibility of additional funding under the NSW Sport and Recreation Capital Assistance Program for 2007. The complexities of this issue include, the increased operating cost for year round opening vs projected incomes. Also the validity of including of this as a Sustainability Project requires consultation with the Sustainability Action Committee. It is therefore suggested that this matter be further investigated and be the subject of a separate report to Council.

Adoption of the Management Plan.

Council advertised two Management Plans, dependent on whether the Minister approves the 6% Sustainability Levy. A response from the Minister is not expected until the end of June 2007. It is proposed to adopt both Management Plans, with the one to ultimately be applied determined by the Minister’s decision.

Budget

Since Council’s resolution of 2 April 2007, the Minister has announced the statutory rate increase amount as 3.4%. Council had prepared the Budget on the basis of a 3.5% increase. The impact of this changes is a shortfall of $14,895.

In addition a number of changes are proposed for the Kindy Cove Budget. The Management Advisory Committee (MAC) meets to agree with Council on the adoption of fees and charges and the budget for Kindy Cove. The earlier timeframe, due to the discussion regarding the Sustainability Levy, meant that the Committee was unable to finalise their discussion at the February meeting, and the March meeting approval, missed the deadline for the budget papers.

As a result of that meeting, a number of changes are proposed, including a reduction of $11,545 reduction in fee income (income will remain in excess of expenditure) and an amount of $70,000 being transferred from Kindy Cove reserves to Capital Expenditure. The funds will be used to cover a range of upgrades including; installation of computer network for usage in each room; and replacement of softfall in children’s play areas and upgrading of playgrounds. Kidsafe have recently completed a playground safety check and it is envisaged that repairs/modifications will be required as a result of the report when available.

The overall impact on the operating result is a $26,440 deficit. For the purpose of maintaining a balanced budget, it is proposed to increase the budget for Interest on Investment by $ $26,440 to offset this amount.

Council advertised two Budgets, dependent on whether the Minister approves the 6% Sustainability Levy. A response from the Minister is not expected until the end of June 2007. It is proposed to adopt both Budgets, with the one to ultimately be applied determined by the Minister’s decision.

Fees and Charges

The following changes are proposed to the Draft Fees and Charges:-

p22 - Playing Fields Seasonal Hire: A 20% discount applies if full payment for the season is made within 4 weeks of the competition commencement. This change allows for the Sporting Associations to prepare their draws and then for Council to prepare the invoices and send them out to the relevant clubs. A 4 week period is considered reasonable for all of this to occur.

p22 - Ground Hire After 6pm to include (includes lights for night training). This is clarify the fee for use after 6pm does include the lighting.

p22 - Soccer Fields: where it reads (8 x SSG fields) should now read (10 x SSG fields) because there are now two additional small sided games fields that are set up and being used at Blackman Park.

p23 - under the Seasonal Hire for Sporting Grounds, still need to insert Additional charge for lights for night training if invoiced separately. This accounts for clubs that do not advise up front on seasonal training requirements where lights are needed. The figure will be $15.50 per hour per field, which is consistent with the seasonal hire rate but without the discount.

p23 - Other Park Users: Personal Trainers, organised physical training, dog walking businesses or similar organised activities is recommended to change to Other Park Users: Commercial Personal Trainers. Council received two submissions objecting to the charge. The organised physical training and similar organised activities definition is considered to be to broad and non-specific, and thus difficult to enforce. Dog walking businesses are not seen to be a major impact at present, with no reports of it occurring other than by school children. If this becomes a problem it will be revisited in the next budget.

Therefore, with respect to fees for personal trainers it is recommended that a schedule of annual fees be applied as follows:

Council Registered Community Trainers*: No fees applicable.

Up to 2 clients per session $800 per year or Casual Rate $22 per session

3-5 clients per session $1200 per year or Casual Rate $44 per session

6-10 clients per session $1600 per year or Casual Rate $66 per session

11 or more clients per session $3200 per year or Casual Rate $88 per session

An additional charge of $15.50 per hour for night use where lighting is required.

*Note 1: Council registered community trainers are those trainers that register with Council to provide a not-for-profit fitness training service to residents/workers of Lane Cove.

These annual charges bring Lane Cove in line with other adjoining councils, including Canada Bay and Ryde, and other metropolitan councils such as Waverley and Manly. These fees are an emerging pattern in response to the number of commercial personal trainers that are using open space in local government areas to run their businesses. Where the personal trainer is not operating as a commercial enterprise, i.e. not charging any fees for people to train, then Council will waive its' fees where they have registered with Council. Council will also assist these organisations in promoting their services as part of its commitment to improving community health.

No other changes to the Fees and Charges are proposed.

Fixing of Rates and Charges

Council advertised two different rating structures, dependent on whether the Minister approves the 6% Sustainability Levy. A response from the Minister is not expected until the end of June 2007. As the time required to actually levy the Rates and distribute the Rate Notices will be limited, it is proposed to adopt both rating structures, with the one to ultimately be applied, determined by the Minister’s decision.

Council has indicated in the Draft Management Plan’s its intention to levy two (2) Ordinary Rates - an Ordinary Residential Rate on the Land Value of all Rateable Land categorised as Residential and an Ordinary Business Rate on the Land Value of all Rateable Land categorised as Business; and one Special Rate - a Parking Special Rate on Business premises in Lane Cove (as per metes and bounds description).

Council’s Revenue Policy for 2007/2008 provides for a rating structure that is based on an ad valorem (rate in the dollar) with a minimum Rate. These Rates were advertised in the draft Management Plan. The rate to be levied will be calculated on the land value of the land as determined by the Valuer General base dated 1 July 2004.

Since the exhibition of the Management Plan, Council has received additional supplementary valuations from the Valuer General. These new valuations have been supplied as a result of new subdivisions, strata titling of properties, valuation objections, and re-ascertainment of valuations and must be used for levying rates in 2007/2008.

The Rates and Charges outlined in the Recommendation to this report take into account any adjustments as a consequence of the amended and new valuations and also reflect the 3.4% annual rate peg increase approved by the Minister and if approved the 6% Sustainability Levy, if approved by the Minister .

RECOMMENDATION

That:-

1. The Management Plan (including the Fees and Charges) without and with a 6% Sustainability Levy, as amended by the report, for the period July 2007 to June 2010 be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 6% Sustainability Levy;

2. The 2007/2008 Budget, without and with a 6% Sustainability Levy, as amended by the report, for the period July 2007 to June 2010 be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 6% Sustainability Levy;

3. Subject to the Minister for Local Government granting Council’s application for a 6% Sustainability Levy, Council :-

a. conduct a poll of the community every five years to provide a formal opportunity for the community to review the projects that Council has funded, and Council’s commitments in relation to spending all of the money on new Sustainability initiatives;

b. discontinue the administration and collection of the Voluntary Bush Care Donation, and provide equivalent funding from the Sustainability Levy in lieu; and

c. The responses from the surveys and suggestion raised in the submissions be utilised to assist in the prioritisation of the issues facing Lane Cove in achieving a sustainable future, and be utilised in future prioritisation of projects to be funded through the levy.

4. A further report be submitted in relation to the proposed funding of a solar blanket for the 50m outdoor pool, “to extend the swimming season in the outdoor pool, ideally for year round swimming”; and

5. Council fix the Ordinary Rates and Charges for 2007/2008 as follows (the amounts in brackets are to apply if the Minister for Local Government approves the 6% Sustainability Levy):-

(a) Ordinary Rates

i. an Ordinary Residential Rate, of 0.170595 cents (.180467 cents) in the dollar be made for the year 2007/2008 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $392.00 ($415).

ii. an Ordinary Business Rate of 0.717348 cents (.758956 cents) in the dollar be made for 2007/2008, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $584.00 ($618).

iii. Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June, 1979, that a Parking Special Rate, of 0.201184 cents (0.201184 cents) in the dollar be made for 2007/2008 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

(b) Domestic Waste Management Charges

i. in accordance with S.496 of the Local Government Act 1993, that an annual charge of $325.00 per annum be made for the year 2007/2008, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

ii. in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2007/2008, for Domestic Waste Management Services for all properties categorised residential vacant land;

iii. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $4.75 per service ($247.00 per annum) be made for the year 2007/2008, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

iv. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to other single occupancy residential properties;

v. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

vi. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

vii. in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2007/2008 for each extra recycling service to single residential dwellings.

i. In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2007 to 30 June 2008 to all outstanding rates and charges be calculated at the maximum interest rate of 10.0% as specified by the Minister for Local Government.

(d) Stormwater Management Service Charge

i. In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2007/2008 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land - Nil $ charge

- All Residential Strata Units - $12.50 per unit

- All Residential Non Strata Properties - $25.00 per property

- All Business Strata Units and Properties - $25.00 per unit or property

Craig Wrightson

Executive Manager

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

CNL040607CSD_26

***** End of Corporate Services Division Report No. 26 *****

ORDINARY COUNCIL
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 187
4 JUNE 2007

Ordinary Council at the Meeting 4 June 2007

22/05/2007 to Ordinary Council

Environmental Services Division Report No. 187

Subject: 8 Cobden Avenue, Lane Cove

Record No: da06/367 - 12617/07

Author(s): Rajiv Shankar

Property: Lot 4 of DP11342 - 8 Cobden Avenue, Lane Cove

DA No: D367/06

Date Lodged: 13.12.06

Cost of Work: $ 207 907 (Council estimate)

Owner : David & Rebecca Sim

Applicant: Archiworks Architects Pty Ltd

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Alterations and additions to the rear of an existing single storey dwelling.
ZONE	Residential 2(a1)
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	No
NOTIFICATION	Neighbours 316 Pacific Highway; 4,6, 10, 12 Cobden Avenue; 1 Haldane Crescent Ward Councillors Tudge & Lawson Progress Association Osborne Park Progress Association

REASON FOR REFERRAL:

Initially application was called to Council by Clr Longbottom due to concerns raised by neighbours about loss of privacy, solar access and the appearance of the building. Subsequently the application was considered by Council in its meeting held on 7 May 2007 when it was resolved that Council defer consideration of the report and delegate authority to the General Manager to undertake consultation with the applicant and neighbours and then return the matter to Council for determination.

Furthermore, an appeal has been lodged by the owner to the NSW Land and Environment Court. The matter is adjourned until 12 June 2007. The applicant is to file and serve amended plans by 6 June 2007 if the proceedings are not discontinued.

EXECUTIVE SUMMARY:

This report is an assessment of a proposal for alteration and additions to the rear of an existing single storey cottage. The addition is towards the rear of the existing dwelling which includes a small and narrow mezzanine. The roof pitch of the proposed addition matches that of the existing dwelling to integrate the addition with the dwelling. A dormer window has been provided over the family area and part of the roof over the dining is elevated to create a window on the western elevation to capture natural light and ventilation in the rear family/ kitchen area. A small balcony 3.6m and 2.1m wide has been provided off the mezzanine which is located more or less equidistant from the side boundaries.

The original proposal was notified to adjoining neighbours and two submissions were received raising concerns of loss of privacy, loss of views and the style of the additions being out of character with the area.

A privacy screen 1.6m high has now been provided along the eastern side of the balcony to address the concern of any potential loss of privacy to the adjoining property.

The turret feature proposed at the rear of the house has now been deleted altogether to address the concerns of any potential loss of views and visual dominance. As required, the side setback has also been increased to 1200mm to comply with Councils Code for Dwelling Houses. This has brought the Floor Space Ratio of the proposal within the maximum permissible limit. The cost of the proposal has been reassessed by Council and the applicant has now provided a BASIX Certificate.

The proposal is now considered harmonious to the existing dwelling and in character with the area. It is considered that the addition, being primarily towards the rear, would no longer have the potential to dominate or significantly impact upon the existing streetscape. The proposal is now recommended for approval.

The application is currently the subject of a class 4 appeal (No. 10269 of 2007) before the NSW Land and Environment Court under the provision of deemed refusal. Council has engaged Pike, Pike and Fenwick, Lawyers to defend the appeal.

Conclusion

Given the deletion of the proposed turret, adjustment of the side setback and compliance with Council’s Floor Space Ratio, the proposed building now fully complies with relevant codes and objectives. The application is now considered acceptable and is recommended for approval subject to conditions.

SITE:

The subject site (Lot 4 DP 11342) is known as No.8 Cobden Avenue, Lane Cove, it is a regular-shaped block measuring 13.715m wide by 40.84m long with a total site area of 559.9m² and is located on the southern side of Cobden Avenue near where Cobden Avenue intersects Pacific Highway.

The site is currently occupied by an existing single storey dwelling of brick and tiled roof construction with an attached garage to the western side boundary, which has access to Cobden Avenue via an existing concrete driveway. The site slopes gradually from the rear to the front of the property and east to west. Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL:

The proposal is for partial demolition of the rear of the existing single storey dwelling and construction of an addition towards the rear of the existing dwelling which includes a small and narrow mezzanine. The roof pitch of the proposed addition shall be the same as that of the existing dwelling to integrate the addition with the dwelling. A dormer window has been provided over the family area and part of the roof over the dining is elevated to create a window on the west elevation to capture natural light and ventilation in the rear family/ kitchen area. A small balcony 3.6m and 2.1m wide has been provided off the mezzanine which is located more or less equidistant from the side boundaries. A privacy screen, 1.6m high, has been provided along the eastern side of the balcony to address the concern of any potential loss of privacy to the adjoining property.

The front portion of the house shall retain an early twentieth century character. The existing hipped roof at the rear of the current dwelling shall be repatched to integrate with the new roof line. The proposed addition would be roofed with tiles to matches the existing roof tiles as close as possible.

PREVIOUS APPROVALS/HISTORY:

Council’s records indicate that the subject site has had no other development applications lodged in the past few years.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (559.9m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.45	0.5	Yes
Soft Landscaped Area (min)	35%	35%	Yes
Side Boundary Setback (min)	1200mm	1200mm	Yes
Overall Height (m) (max)	8.2m	9.5m	Yes
Ceiling Height (m) (max)	7.0	7.0m	Yes
No of Storeys	2	2	Yes
Building Line (max)	6.1m (existing)	7.5m	NA
Cut and Fill (max)	0	1m	Yes
Deck/Balcony width (max)	2.1m	3m (if elevated by >1m)	Yes
Solar Access (min)	3 hours	3 hours to north elevation	Yes
BASIX	Provided	Required	Yes

REFERRALS:

Manager Urban Design and Assets

Conditions of consent have been provide, which have been included in the consent, to drain the stormwater by gravity into the existing system.

Manager Parks

No objection was raised by this department subject to conditions of consent, which have been included in the consent, for the protection of the existing trees.

Manager Bushland

No referral was raised with the manager of bushland as part of this assessment

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

No referrals were raised with external agencies as part of this assessment

79 (C)(1)(a) The provisions of any Environmental Planning Instrument

Lane Cove Local Environmental Plan 1987

The subject site is zoned Low Density Residential 2 (a1) under the provisions of Lane Cove Local Environmental Plan 1987. The proposal constitutes a permissible development only with development consent of Council.

It is considered that the proposal would introduce a development in the locality that would not adversely impact on the residential amenity of the area which is currently characterised with single storey dwellings and two storey dwellings that have variable setbacks, whilst providing a design that is sensitive to the existing built form and natural environment. The proposed development could therefore be considered to satisfy the relevant objectives set for the Low Density Residential Zone as defined under Lane Cove Local Environmental Plan 1987.

Lane Cove Code for Dwelling Houses – September 2000

As indicated in the policy compliance table and matters of consideration, the proposal complies with the code’s provisions for Floor Space Ratio, soft landscaped area, front building line (to the dwelling) (existing), side boundary setbacks, roof ridge and wall height, and it is considered to achieve the objectives for each provision.

SEPP 55 – State Environmental Planning policy No.55 – Remediation of Land

Clause 7 of this instrument requires Council to assess whether the subject site is contaminated. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential uses would substantially reduce the possibilities of contamination. Accordingly, contamination of the site is unlikely to be an issue.

79C(1)(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality and is generally in keeping with the scale and character of contextual development. Further, the proposal would result in an improved built form outcome relative to the existing dwelling and would provide occupants with a design that is efficient from a sustainable development perspective.

Adjoining development comprises a single storey dwelling on each property and the proposal relates, in terms of scale, to the single storey dwellings in the streetscape. The proposal is compatible with surrounding dwellings which have varying design elements that create more interest whilst still ensuring a high standard of building design that is sympathetic and complementary to the existing built form.

It is therefore considered that the proposed development is unlikely to significantly impact on the streetscape and adjoining and surrounding development.

Privacy

The extension to the existing dwelling has been designed to minimise the overlooking of adjoining properties, which includes the location of the mezzanine situated away from the side windows and screening to the rear balcony on the eastern side to ensure that a reasonable level of privacy is maintained between the adjoining properties.

Views

An objection of the development from neighbours has been that the proposed development would have an impact on views and access to the sky.

The ‘Code and Development Application Checklist for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings’ requires that development:

Minimize disruption to existing views or to achieve reasonable view sharing from adjacent development with the height and bulk of the development.

In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions which should be addressed in assessing whether the impact on views is considered unacceptable. The following is an assessment of the application in terms of these questions which are:

1. The assessment of the views to be affected. Some views (eg. water views, views of iconic buildings) are valued more highly than others.

2. Consider from what part of the property the views are obtained. Protection of views across side boundaries are more difficult than from front and rear boundaries.

3. Assess the extent of the impact. This should be done for the whole of the property, not just the view that is affected.

4. Assess the reasonableness of the proposal that is causing the impact. Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design.

In assessing the impact on views it is considered that:

1. The views likely to be affected are not high value in that they are not iconic or of grand vistas, but offer more of an ambient general openness to the south.

2. The views being impacted are across the side boundaries rather than from the front or rear of the property and are thus recognised as being difficult to protect.

3. The impact upon views has been significantly reduced after the deletion of the turret feature altogether. The proposed development would have minimum effect on the amenity of the neighbours property through loss of views to the south.

4. The proposal complies with all relevant planning controls and is considered reasonable. In this respect view impact of a complying development is considered acceptable and view sharing reasonable.

In view of the above findings it is considered that the proposal reasonably satisfy the requirements of Councils Code and view sharing principals with numbers 4 and 6 Cobden Ave.

Overshadowing

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining development or over the development itself.

The shadow diagram depicts that private open space & the windows serving habitable rooms in the adjoining dwelling will receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access is to be retained in accordance with the requirements of the DCP.

Access, Transport and Traffic

The existing access is to be maintained in this quiet suburban street where the amount of traffic will not be increased as a result of this development. Engineering requirements included as standard conditions of consent.

Adequate lighting and ventilation has been provided to the proposed building extension.

The site management will be carried out in accordance with Soil & Water Management Plan which is required as a condition of consent. The waste management will be carried out in accordance with the submitted Waste Management Plan. Adequate private open space and landscaping has been provided and sufficient solar access to the dwelling is ensured. The proposed extension to the building is to be timber and tile roof. There are no specific issues relating to the BCA in the proposed design.

Section 79C(1)(c) - The suitability of the site for the development

The proposal maintains the residential use of the site. It is considered compatible with the neighbouring dwellings, and consistent with the scale and character of the one and two storey development in the surrounds. Accordingly the site is considered suitable with respect to the proposed development.

Section 79C(1)(d) - Any submissions made in accordance with this Act or Regulations.

The proposal was notified to six adjoining owner/occupants as well as the Ward Councillors and the Local Progress Association. Council received two submissions in response to the notification of the development application. The issues raised in the submission can be summarised as follows.

4 Cobden Ave

· The last few metres of the proposed structure extends beyond the back decking area of both my neighbour and us resulting in a privacy issue for us

Comment: Given that the objector’s property is two houses to the north and given the minor extent of the distance being objected to, this impact is considered to be within the normal range of residential amenity expected on this street.

· Of great concern is the loss of view to the west. The view from our rear veranda and a large portion of our garden would be completely blocked by not only the two storey construction with a somewhat standard roof, but exacerbated with the proposal of a turret that will dominate the skyline.

Comment

Due to the fact that the objector is displaced from the subject site by an intervening property, and given also that the objectors residence has only limited views, the impact of the proposed development on this objectors property is considered to be minor. Furthermore, the turret has been deleted altogether to reduce impact on any potential loss of views.

· This turret does not suit the streetscape and is considered as out of character in our area of Lane Cove.

Comment

The turret has been deleted altogether.

· The psychological effect of having yet another large structure forming a barrier to the sky and horizon on the boundaries of our property. This development plus a new block of units recently built and a 3 storey house on our boundaries will result in a general building out of the area.

Comment

The turret has been deleted altogether.

The amended proposal was discussed in detail with the residents of No 4. on site on 28 May 2007 and it was explained that to reduce the visual impact of the addition, the turret has been deleted altogether. Furthermore, the facia board/ gutter of the proposed extension towards the rear, follows the same line/ level of the facia board/ gutter of the existing single storey dwelling. In addition, the roof pitch of the proposed addition is also the same as that of the existing dwelling to integrate with the existing roof. Notwithstanding, the residents felt that the roof of the proposed addition would obscure the view of the horizon to the west, as seen from the rear open space and the rear verandah on the ground floor.

6 Cobden Ave

· The proposed development will look straight into our kitchen and meal area.

Comment

The proposed first floor windows look to the west rather than to the objector’s property. A 1.6m high privacy screen has been provided on the east side of the rear balcony.

· Loss of Solar access

Comment

The Code and Development Application Checklist For Dwelling Houses, Fences, Private Swimming Pools And Outbuildings requires that:

“ Building or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the adjoining premises between 9.00am and 3.00pm on 22nd June”.

Although the development would result in some overshadow of the objector’s property, this property would receive a level of solar access that is compliant with the above code requirements with much of the additional shadows restricted to the afternoon. Further, this shadow is not affecting the primary living areas of the objector’s property. The level of shading to the objector’s property is considered to be reasonable.

· The development will result in a new building that is out of character with the streetscape.

Comment

As discussed above the proposed development is now considered harmonious to the existing dwelling and in character with the area. The turret has been deleted altogether. It is considered that the addition, being primarily towards the rear, would not dominate or significantly impact upon the existing streetscape.

The amended proposal was discussed in detail with the residents of No 6. on site on 28 May 2007 and it was explained that to reduce the visual impact of the addition, the turret has been deleted altogether. A 1.6m high privacy screen has been provided along the eastern side of the rear balcony to ensure that a reasonable level of privacy is maintained between the adjoining properties. Furthermore, the facia board/ gutter of the proposed extension towards the rear, follows the same line/ level of the facia board/ gutter of the existing single storey dwelling. In addition, the roof pitch of the proposed addition is also the same as that of the existing dwelling to integrate with the existing roof. Notwithstanding, the residents felt that the roof of the proposed addition would obscure the view of the horizon to the west, as seen from the rear open space and the rear living room on the ground floor.

Section 79C(1)(e) - The public interest.

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. It is considered compatible with the scale of other one and two storey dwellings in the locality and will not result in an overdevelopment of the site. The proposed development does not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest.

CONCLUSION

The application has been assessed in accordance with the matters for consideration under s.79C of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Environmental Plan 1987 (the LEP) and Council’s Code for Dwelling Houses. The proposal complies with the numerical requirements with regard to Floor Space Ratio, side setbacks and maximum height limits. Further, it is considered that the addition, being primarily towards the rear, would not dominate or significantly impact upon the existing streetscape.

EXECUTIVE MANAGER’S COMMENTS

Subsequent to Council’s meeting of 7 May discussion was undertaken with the applicant having regard to the neighbour’s concerns. As a result of the above discussion, the applicant has agreed to amend the proposal by deleting the turret, adopting Council’s side setback requirement and complying with the Floor Space Ratio of 0.5:1 for the site.

Given the above amendment and full compliance with Council’s design objectives, the application is now recommended for approval subject to appropriate conditions.

RECOMMENDATION

That Council grant consent to Development Application D367/06 for Alterations and additions to the rear of an existing single storey dwelling at 8 Cobden Avenue, Lane Cove subject to the following conditions:-

1. (20) That the development be strictly in accordance with drawing number WD01A dated 9/05/07 by Archiworks Architects P/L.

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.

4. (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.

5. A 1.6m high privacy screen shall be provided along the east side of the rear balcony. The screen shall be solid timber and completely obscure with no holes or gaps. The privacy screen shall not be removed at any time.

6. (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.

7. (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.

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

9. (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.

10. (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.

11. (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.

12. (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.

13. (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.

14. (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.

15. (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.

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

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) Stormwater drainage lines prior to backfilling

h) Completion.

18. 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;

19. (61) All timbers complying with Timber Framing Code AS 1684-79.

20. (62) All glazing is to comply with the requirements of AS 1288.

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

a Dampcourse level;

b The establishment of the mezzanine 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.

22. (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays.

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

23. (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.

24. (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.

25. (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.

Location – Class 1b buildings

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

(a) in every bedrooms; and

(b) in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

26. (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

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

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. All waste generated on the site shall be disposed off in accordance with the submitted Waste Management Plan.

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

General Engineering Conditions

33. Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan WD01 prepared by Archiworks architects p/l, November 2006.

34. 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.

35. (special) Architectural / Building elements to be noted. The deck is to be of timber construction & be configured so that rainwater can drain through it and fall onto bare earth / grass below. This is so that the “built-upon” area is minimised, and consequently the rate of runoff is reduced.

Engineering Conditions to be complied with Prior To Construction Certificate

36. 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.

37. Control of Stormwater Runoff. The down-pipes from the proposed additions shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s standards and specifications for stormwater drainage.

If the inspection determines the existing elements are not in “good working order” then the subject element is to be replaced.

Engineering Conditions to be complied with Prior to Commencement of Construction

38. 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.

39. 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.

40. 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.

41. 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 Conditions to be complied with Prior to Occupation Certificate

42. 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.

(If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council with the subject documentation.

1) 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’.

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 all relevant sections of the existing drainage system, (which are to be utilised in the new development), are (a) in good working order, and (b) comply with Council’s requirement, relevant codes and standards, and (c) comply with current “engineering development work practice”.

STANDARD CONDITIONS

43. (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.

44. (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.

45. (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.

46. (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.

Tree Protection Measures – ABOVE GROUND

47. (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.

48. (349b) A 1.8 m high chain mesh fence must be erected at least 2m from the trunk of the Kaffir Plum Harpephylum caffrum to be protected. The fenced area shall 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.

Stockpiling / Soil Disturbance

49. (366) There must be no soil disturbance within the tree protection area, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained. All activity within the Tree Protection Area must be undertaken with hand tools.

50. (368) There must not be any stockpiling of building materials or other materials or dumping of refuse within the approved tree protection zones of the trees shown on the approved plans to be retained.

51. (369) There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the drip line of the trees shown on the approved plans to be retained which do not have tree protection fencing.

52. (371) There is to be no excavation within 2.5m from the trunk of the Kaffir Plum Harpephylum caffrum to be protected and any other tree greater than 4 m tall, including trees on neighbouring properties.

53. (317) A 1.8 m high chain mesh fence shall be erected around the street tree encompassing the entire grass nature strip from the trunk of the Brushbox Lophostemon confertus. The fenced area shall 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.

54. 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.

Bond on Street & Council Trees

55. (327) A bond of $2500.00 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the trees identified as Brushbox Lophostemon confertus to be retained. This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 18 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

Breach of any condition - 25% of bond for each offence.

Trunk or root damage of any protected tree - 50% of bond for each offence.

Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

56. 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%

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

BASIX

57. Compliance with all the condition of the BASIX Certificate lodged with Council as part of this application.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

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

CNL040607ES_187***** End of Environmental Services Division Report No. 187 *****

ORDINARY COUNCIL
ORDER OF THE DAY NO. 11
4 JUNE 2007

ORDINARY COUNCIL
OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO. 21
4 JUNE 2007

AT‑1 View	Letter from Minister Tripodi of 25 May 2006	1 Page
AT‑2 View	Letter of 24 May 2006 from Mr Dikkenberg, General Manager-Commercial Vessels and Asset Management, NSW Maritime	2 Pages
AT‑3 View	Letter of 3 October 2006 from Mr Oxenbould AO, Chief Executive, NSW Maritime	1 Page
AT‑4 View	Letter of 24 May 2007 from Mr Montgomery, General Manager-Maritime Property Division, NSW Maritime.	2 Pages

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