INSPECTION COMMITTEE
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 159
2 JUNE 2007

Inspection Committee at the Meeting 2 June 2007

1/05/2007 to Inspection Committee

Environmental Services Division Report No. 159

Subject: 6 Arding Street, Lane Cove

Planning and Building Committee at its meeting on 21 May 2007 resolved that the matter be referred to the Inspection Committee meeting to be held on 02 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

INS020607ES_159.doc

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

INSPECTION COMMITTEE
2 JUNE 2007

Inspection Committee at the Meeting 2 June 2007

8 May 2007 to Inspection Committee

Environmental Services Division Report No. 164

Subject: 8 Kimberley Avenue, Lane Cove

Planning and Building Committee at its meeting on 21 May 2007 resolved that the matter be referred to the Inspection Committee meeting to be held on 02 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

INS020607ES_164.doc

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