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ORDINARY COUNCIL
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MAYORAL MINUTE NO. 4
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20 AUGUST 2007
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Ordinary Council
at the Meeting 20 August
2007
13/08/2007 to Ordinary Council
Mayoral Minute No. 4
Subject: Local Government
Inquiry Recommendations
Record No: su911 - 22751/07
Author(s): Councillor
Ian Longbottom
Executive Summary
The Local
Government and Shires Associations of NSW have provided their positions on all
49 recommendations of the Independent Inquiry into the Financial Sustainability
of NSW Local Government. The attached table outlines the Associations’
positions on the recommendations and the work already underway to respond to
the Inquiry.
Background
In July
2007, after about one year of work, the Strengthening Local Government Task
Force provided to the Associations its positions and actions on all 49
recommendations of the Independent Inquiry into the Financial Sustainability of
NSW Local Government. The Associations endorsed these positions and actions on
5 July 2007 and subsequently submitted them to the NSW Government for a
whole-of-government response.
Positions
and actions have mainly been developed by the task force’s five expert working
groups:
· Intergovernmental Relations and Community Relations;
· Financial Management;
· Corporate Governance and Performance Measurement;
· Resource Optimising and Capacity Building; and
· Promoting Local Government Leadership.
The work
of the task force and its working groups was guided by principles including:
· The positions and actions should be sectoral ones including all key
Local Government stakeholders;
· Stakeholders should work together in partnership;
· Existing initiatives should be recognised and actively promoted in order
to not duplicate efforts; and
· Deliberations should be consensus based, open and transparent.
To
facilitate this sectoral response the task force comprised key local government
stakeholders, including the Presidents, Executive members and the
Secretary General of the Associations, the Presidents of the Local
Government Managers Australia (LGMA), NSW Division, and the Institute of Public
Works Engineering Australia (IPWEA), NSW Division, Associate Professor Graham
Sansom, Director of the University of Technology Sydney’s Centre for Local
Government, and, as a permanent observer, the Deputy Director General of the
Department of Local Government. Working groups comprised a wide range
of experts and professionals from the Local Government sector, social,
environmental and community groups, government departments and
businesses.
The task
force contributed to and promoted the other important initiatives such as the
Department of Local Government’s Integrated Planning and Reporting Project, the
asset management position paper prepared by the Department of Local Government
and the NSW Infrastructure Task Force, the Strategic Alliance Network, Local
Government Procurement, the LGMA Good Practice Toolkit, and the national Infrastructure
Financial Management Guidelines currently being developed by the National Asset
Management Strategy (NAMS) Committee.
The task
force widely consulted throughout NSW via workshops and roundtables and
established a comprehensive program website (www.StrengtheningLG.lgsa.org.au).
Discussion
The priority issues identified in the positions
table include:
Intergovernmental Relations
The inquiry recognised the importance of good
intergovernmental relations and recommended the signing of an intergovernmental
agreement. The Associations are also committed to working closely with the
State Government on the implementation of the State Plan which will guide the
delivery of services in NSW over the next 10 years.
To be successful, the State Plan must be
delivered locally. This can only be achieved if the State Government,
individual agencies, and councils all work together horizontally and vertically
at the local level. The signing of an intergovernmental agreement would
strengthen relationships at the local level, help clarifying mutual roles and
responsibilities, and send a strong message to the Local Government sector that
the State Government wants to work closely with it.
Integrated Planning and Reporting
The current review of the strategic and
financial planning and reporting system for councils presents an important
opportunity to change the current, integration-lacking planning and reporting
requirements and establish a new, integrated strategic planning framework that
focuses on outcomes for the community and links State and Local Government
priorities. Whilst work is well underway much more needs to be done to reduce
red tape and integrate the plans of state agencies into the process.
Asset Management
The
inquiry found that only 20 per cent of councils have adequate asset management
systems and practices in place. It is critical that all councils adopt asset
management systems with consistent asset accounting practices. This will enable
them to better assess priorities and trade-off and make decisions that most
effectively and efficiently use council’s asset portfolio and can be funded
over the long term from council resources. Improving asset management systems
and practices should be closely linked to the integrated planning and reporting
review and the Associations will continue to work with the Department of Local
Government to address these issues.
Resource Sharing
The
Associations support resource sharing and with the Department of Local
Government are jointly hosting the Strategic Alliance Network Conference in
August 2007 to further promote resource sharing initiatives including Local
Government Procurement and the LGMA Good Practice Toolkit.
Rate Pegging and Financial Assistance Grants
The
inquiry recommended that the Commonwealth and the State Government increase
grant funding for infrastructure, and that as a trade-off for councils
implementing longer term strategic and financial planning, rate pegging should
be removed. The Associations strongly support these recommendations and are
actively promoting long term strategic and financial planning and reporting.
Reform Assistance
The priority issues and activities outlined
above represent the biggest changes to NSW Local Government in decades. The
successful implementation of these structural, financial and administrative
reforms will depend on a reform implementation program financially supported by
the State Government.
Comment
The Associations generally welcomed the
inquiry’s findings and recommendations. If implemented, some of the
recommendations could represent the biggest changes to Local Government in
decades.
The Associations’ positions table outlines the
next steps forward and should form the basis for continued work by the Local
Government sector in NSW as a whole.
The support of councillors and council in promoting this work is
critical. The Associations particularly seek your support in calling for a
whole-of-government response and the establishment of a reform implementation
fund.
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RECOMMENDATION
That Council acknowledge and endorse the
Associations’ positions on the 49 recommendations of the Independent Inquiry
into the Financial Sustainability of NSW Local Government and call on the
Minister for Local Government to coordinate a whole-of-government response
and establish a reform implementation fund.
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Councillor Ian Longbottom,
Mayor
West Ward
Lane Cove Council
ATTACHMENTS:
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AT‑1 View
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LGSA Position on the
Recommendations of the Local Government Inquiry
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31 Pages
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CNL200807MM_4
***** End of Mayoral Minute No. 4 *****
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ORDINARY
COUNCIL
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20
AUGUST 2007
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Ordinary Council
at the Meeting 20 August
2007
31/07/2007 to Ordinary Council
Environmental Services Division Report No. 292
Subject: 26 and 28 Henley Street,
Lane Cove West
Record No: DA07/143-01 - 21105/07
Author(s): Michael
Mason
Property:
Lot A DP 373006 and Lot 52 DP 6886
Nos.26
and 28 Henley Street,
Lane Cove West
DA No: D143/07
Date Lodged: 25th
May 2007
Cost of Work: Nil
Owner : I. and S. Longbottom
Author: Connor
Siwak & Associates
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DESCRIPTION OF
PROPOSAL TO APPEAR ON DETERMINATION
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Subdivision of the existing two (2) residential lots
into three (3) residential lots
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ZONE
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Residential 2(a2) Lane Cove Local Environmental Plan
1987
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IS THE PROPOSAL
PERMISSIBLE WITHIN THE ZONE?
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Yes
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IS THE PROPERTY A
HERITAGE ITEM?
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No
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IS THE PROPERTY
WITHIN A CONSERVATION AREA?
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No
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DOES DCP 1-
BUSHLAND APPLY TO THE PROPERTY?
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No
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BCA CLASSIFICATION
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n/a
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STOP THE CLOCK USED
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No
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NOTIFICATION
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Neighbours 22, 24, 26, 28,
30 Moore Street;
35, 37, 39 Cullen Street;
17, 24 Henley Street
Ward Councillors Teirney
and Gaffney
Progress
Association Lane Cove
West Residents’ Association
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REASON FOR REFERRAL:
This matter is brought before Council as the property is
owned by a councillor.
EXECUTIVE SUMMARY:
· The proposal seeks a
subdivision of two allotments into three allotments.
· The application
complies with Council’s minimum site area requirements.
· The proposal
attracted no objections.
The application is recommended for approval subject to
standard conditions.
BACKGROUND:
The proposed development is for the subdivision
of the existing two (2) residential lots into three (3) residential lots. The
new lot created would be a battleaxe lot at the rear of the existing parcels
with an access handle off Henley
Street.
THE SITE:
The overall site is known as 26 and 28 Henley Street Lane Cove West.
The existing lots are
located on the northern side of Henley
Street. An existing reserve is opposite the
subject land.
The existing lots are
Lot A DP 373006 and Lot 52 DP 6886. The overall site is an irregular parcel of
land with the southern frontage to Henley
Street of 38.1m, side boundaries of 45.72m
(western boundary) and 44.805m (eastern boundary) and a rear boundary of
47.083m. The site has a total area of 1848m2.
Both existing lots
are in the one ownership.
EXISTING DEVELOPMENT:
The existing
development comprises of the following:
26 Henley Street
This site
currently has a two-storey dwelling house located at the front of the site with
a carport and garage located behind the carport and adjacent to the western
boundary.
28 Henley Street
This site
currently has a single-storey dwelling house located at the front of the site with a carport and garage located
behind the carport and adjacent to the eastern boundary.
SURROUNDING AREA:
The surrounding area consists of detached
single and two storey dwelling houses of varying scale. It is considered that
the proposed lot layout would not be inconsistent with the likely future
development of the surrounding area.
A number of battleaxe allotments exist within
the surrounding residential area. See
attachment AT1 for a location plan.
PROPOSAL:
The application is for the subdivision of the
existing two (2) residential lots into three (3) residential lots.
The areas of the proposed allotments are as
follows:
· Proposed lot 1 – 550m2
· Proposed lot 2 – 568.03m2 (new lot)
· Proposed lot 3 – 629.76m2
The proposed rear lot (lot 2) would have
vehicular and pedestrian access over the existing vehicular crossing from Henley Street and
via a proposed access handle 3.5m wide. The access handle has a total area of
100.24m2, separate and excluded from the overall total size of the new rear
lot. The proposed lot 3 (existing No 26 Henley
Street) would also utilise the existing vehicular crossover. A new crossover is
proposed for lot 1 in the south west corner of that new lot. See attachment AT2 for a layout plan.
The existing dwelling house on proposed lot 1
(existing No 28 Henley Street) would remain.
However, the existing carport and garage are to be removed to make way for the
3.5m wide access handle to the new lot. As previously mentioned a new crossover
is proposed in the south western corner of proposed lot 1 for vehicular
purposes.
The existing dwelling house, carport and garage
on proposed lot 3 would remain.
Following subdivision, the proposed new lots
(lot 1 and 3) that contain the two existing dwellings would comply with
Council’s requirement for dwelling houses in terms of density, solar access and
particularly in relation to the provision of the 35% natural/ soft landscaping
requirement.
The applicant has provided details of two
potential “building zones” or locations for a future dwelling house on the
allotment. See attachment AT3.
CONSERVATION STATUS:
The subject site is not listed as a Heritage
Item under Lane Cove Local Environment Plan 1987, not located within a Heritage
Conservation Area, would not have any adverse impact on any nearby Heritage
Item and has no Archaeological Significance.
ASSESSMENT:
Section 79C(1)(a) The provisions of any environmental
planning instrument, any draft environmental planning instrument that is or has
been placed on public exhibition, any development control plan, and any matter
prescribed by the regulations.
STATUTORY REQUIREMENTS
The subject site is zoned Residential 2 (a1)
under Lane Cove Local Environmental Plan 1987.
Lane Cove Local Environmental Plan 1987
Draft Amendment No 50
– Acid Sulfate Soils
Comment:
The subject site is not affected by Acid
Sulfate Soils.
Aims & objectives (Cl. 2)
Comment:
The proposed development satisfies the Aims and
Objectives of the Lane Cove Local Environmental Plan 1987. The proposed
residential subdivision would be consistent with the predominantly existing and
likely future fabric of the area. There
are existing a number of battleaxe subdivisions in the area.
Consent authority (Cl. 7)
Comment:
Lane Cove Council is the Consent Authority
Zoning/permissibility (Cl. 8, 9)
Comment:
The site is zoned Part Residential 2 (a1) under
Lane Cove Local Environmental Plan 1987.
The proposed subdivision of land is permissible
with the consent of Council.
Environmental protection (CL.11)
Comment:
The site is not
located within or near an Environmental Protection Area.
Subdivision of land (Cl. 12)
Comment:
Pursuant to Clause 12 the subdivision is
permissible with the consent of Council.
Preservation of trees (Cl. 16)
Comment:
Currently a number of trees exist within the
overall site. The site has been inspected by Council’s Landscape Architect and
Council’s Tree preservation Officer in relation to the removal of certain trees
on site to accommodate the subdivision, in particular the location of certain
trees in the proposed access handle area. The comments from the relevant
officers are provided later in this report.
No objection has been raised to the removal of these trees given their
species and health.
Heritage (Cl. 18A and E)
Comment:
The subject site is not listed as a Heritage
Item under Lane Cove Local Environment Plan 1987, not located within a Heritage
Conservation Area, would not have any adverse impact on any nearby Heritage
Item and has no Archaeological Significance.
SEPP No 11 (Traffic generation)
The proposal does not require referral pursuant
to SEPP No 11 – Traffic Generating Development.
SEPP No 19 (Bushland in urban areas)
The subject site does not adjoin Bushland. The
SEPP does not apply to the development application.
SEPP No 44 (Koala habitat)
The subject site is less than 10,000m2 (1848m2).
The SEPP does not apply to the development application.
SEPP No 55 (Remediation)
The provisions of
State Environmental Planning Policy No 55 – Remediation of Land require that
Council investigate the likelihood that the site has previously been
contaminated and to address the methods necessary to remediate the site.
Research of Council’s files suggests that the
site has been used for residential purposes for a number of years and therefore
it is unlikely that the site is contaminated.
APPLICABLE REGULATIONS
The proposal involves the subdivision of the
existing two (2) residential lots into three (3) residential lots. To
facilitate the new lot by the provision of a new access handle the proposal
also involves the removal of a carport and garage on one of the existing lots.
Under Clause 92 of the Environmental Planning and Assessment Regulation 2000,
Council must take into consideration Australian Standard (AS 2601-1991): The
Demolition of Structures as in force July 1993. The matter may be addressed by
a condition of consent (refer Condition No 23 of the Conditions of
Consent).
Sydney Regional Environmental Plan (Sydney Harbour
Catchment) 2005
The proposal has been considered with regard to
the Regional Environmental Plan. The proposed subdivision would not impact upon
the environmental quality of the Sydney Harbour Catchment in terms of the
site’s location.
Residential Zones Development
Control Plan
A subdivision layout plan has been submitted.
Part VII of the Residential Zones DCP states, inter alia:
1. Objective
This part aims at allowing
residential Torrens Title subdivision, which
retains and where appropriate, improves existing amenity and streetscape within
residential zones.
Comment:
It is considered that the proposed
subdivision satisfies Council’s Objective. The proposed development would
retain the existing dwelling houses on proposed lots 1 and 3 and therefore
maintain the existing streetscape and the amenity of the area.
2. Minimum
Allotment Size
The minimum area of an allotment
created under this part is 550m2. The “access handle” of battle allotment is
not counted in the calculation of allotment size.
Comment:
The DCP does require a minimum area
of 550m2 per lot for residential purposes.
The areas of the proposed allotments
are as follows:
· Proposed lot 1 – 550m2
· Proposed lot 2 – 568.03m2 (new lot)
· Proposed lot 3 – 629.76m2
Access handle – 100.24m2.
The proposal complies with this
requirement.
3. Minimum
Allotment Dimensions
a. Minimum Frontage (allotment width at
street). The minimum frontage permissible is 15 metres. For irregularly shaped
blocks, frontages may be less, but a minimum width of 15 metres, required where
a dwelling is to be constructed, usually not less than 7.5 metres from the
street frontage.
Comment:
The proposed allotment frontage is
38.1m and therefore complies with Council’s minimum allotment frontage
requirement.
b. Access width to “battleaxe subdivision”.
The “access handle” width shall not be less than 3.5 metres. Where the access
handle is to provide access to more than one allotment, then the access handle
is to be wider than 3.5 metres, to more adequately provide for the installation
of utility services and the increased vehicular traffic.
Comment:
The proposed access
width is 3.5m and complies with the requirement.
4. Vehicular Access
The maximum grade acceptable for
vehicular access driveways is 1 in 5 (20%).
Comment:
The existing crossing is to be
utilised in the design, however specific conditions in relation to the existing
and proposed crossing have been provided by Council’s Development Engineer to
ensure compliance with this requirement.
5. Public Roads
Subdivisions involving the creation
of public roads shall be constructed to a standard set by the Municipal
Engineer.
Comment:
The proposed development does not involve
the creation of a public road.
6. Provision of Open Space
Council requires the dedication of
part of the land being subdivided, where such a dedication is considered to be
in the public benefit. Where a land dedication is not required, Council will
require a cash contribution at the rate set in Council’s Section 94
Contributions Plan.
Comment:
Council does not require dedication
of any part of the land for public Open Space. Therefore, Council would require
a cash contribution for the additional allotment created in accordance with
Council’s Section 94 Contributions Plan.
Lane Cove DCP No 5 (Access & mobility)
It should be noted that this Development
Control Plan applies to access and mobility for buildings. This development
application is for the subdivision of land and not for the construction of any
building.
SECTION 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.
Environmental Impact
Comment:
The proposed development satisfies the
objectives of the Environmental Planning and Assessment Act, 1979 namely:
- the proper management, development and
conservation of natural and man made resources promoting the social and
economic welfare of the community and a better environment, and
- the promotion and co-ordination of the
orderly and economic use and development of land.
It is considered that the proposal would not
adversely impact on the surrounding environment on the basis of the information
supplied by the applicant and Council’s assessment of the application.
The applicant would ensure that the environment
is not harmed and that all means would be employed to protect the environment,
in particular during site works for the subdivision.
Natural Hazards
Comment:
The site is not in an area recognised by
Council as being subject to flooding, subsidence, bushfires, slip or any other
risk. In addition, it is considered that the proposal would not create a hazard
or risk to adjoining properties.
Water and Air Quality Impacts
Comment:
The proposal is not likely to have
an adverse impact in terms of air or water quality.
The proposed development, due to its
nature and design, is not likely to cause pollution of any nearby waterway, nor
would it generate any liquid waste, odour or fumes.
Soil and Water
Management
Comment:
The proposed development would not adversely
impact on the quality of soil on the site and adjoining properties.
The application has indicated that best
management practices would be implemented to control runoff and soil erosion
and to trap sediment in order to maintain satisfactory water quality in
downstream areas. Specific conditions of consent would minimise the discharge
of water to adjoining lands.
Neighbourhood Amenity
Comment:
The subject development application is for the subdivision of land.
Any future development application/s for new dwelling houses and/or
alterations and additions to the existing dwelling houses on the individual
lots would be assessed with regard to the amenity to adjoining neighbours with
particular emphasis on Council’s Codes and Policies.
Traffic Impact
Comment:
It is considered unlikely that the
traffic generation from the development would adversely impact the performance
of intersections in the locality.
Impact on Public
Transport Services
Comment:
Due to the nature and scale of the
development it is considered that the proposal would not adversely impact on
existing public transport services in the area.
Impact on Utility Services
Comment:
All utility services are available
to the site and appropriate arrangements and conditions would require the
applicant to address these issues with the relevant Service Authorities.
Council’s Development Engineer has
advised that there is a Council drain easement on the property and states that
this is not a concern as Council plans to redirect the stormwater pipe within
the easement in the 2007 – 2008 financial year.
In view of the nature and scale of
the development it is considered that the proposal would not adversely impact
on existing utility services in the area.
Safety, Security and Crime Prevention
Comment:
Due to the nature, scale and design of the
development, it is unlikely that the proposal would result in adverse impacts
in terms of safety, security and crime.
Impacts during Construction
Comment:
By conditions of consent all necessary
precautions would be required of the applicant during site works to ensure that
works are carried out safely. The hours
of site works would be limited to normal working hours to avoid loss of amenity
to surrounding properties.
Site Attributes Conducive to Development
Comment:
The subject site is conducive to the
development proposed.
Social and Economic Impact
Comment:
Due to the nature and scale of the development
it is considered that the proposed development would not have an adverse impact
on the social and economic environment of the area.
Public Domain
Comment:
The development would not impact
upon any linkages and access between the development and public areas. All
works associated with the development would be contained entirely within the
site and will not impact on the public domain.
Cumulative Impacts
Comment:
Any cumulative impact, particularly in respect
of traffic generation would not be significant as the local road system is
capable of supporting the proposed development.
SECTION 79C(1)(c) The suitability of the site for the
development.
The development is considered to be appropriate
and satisfactory having regard to the site area and site characteristics and
the potential environmental impacts the proposal would have on the site and the
locality.
SECTION 79C(1)(d) Any submissions made in accordance with this
Act or the regulations.
It is considered that all relevant planning
matters have been taken into consideration in the assessment of this proposed
development.
SECTION 79C(1)(e) The public interest.
The proposal is consistent with State
Government initiatives for the efficient and appropriate use of urban land.
External Referrals
Rural Fire Services
The majority of both existing properties are located
on bush fire prone land (vegetation buffer 100m and 30m) as identified in the
bush fire risk management plan applying to Lane Cove Council under Section 146
of the Rural Fires and Environmental Assessment Legislation Amendment Act 2002,
No 67.
The Rural Fire Service has responded by letter dated
27 June 2007 and provided a specific condition in relation to bushfire matters
for the proposed development. Refer to
draft condition 39.
Internal Referrals
Manager Urban Design
and Assets
No objection raised subject to specific
conditions.
Manager Parks
Council’s Landscape Officer and Tree
Preservation Officer have assessed the proposal and have provided the following
comments:
“The proposed location of the access
handle terminates in line with the trees highlighted as T13, T12 and T11 and
approaches from the south as detailed on Subdivision Plan Amendment B.
It is anticipated that these trees
will need to be removed for accessibility reasons and indeed for any future
building construction works to be realistically carried out.
The tree identified as T12 on the
submitted subdivision plan is a remnant Eucalyptus resinifera (Red Mahogany)
and would be the only species out of T11, T12 & T13 that would give us
concern in regard to tree retention and protection.
However, upon inspection the tree
(T12) is termite infested and in an irreversible state of decline. Therefore,
we have no objection to the subdivision layout at this point in relation to the
trees T11; T12 & T13.
Any proposed driveway construction
or modifications to the existing drive and any possible car space allocation at
No.28 relating to this proposal will need to address tree protection for the
trees indicated on the plan as T2, T5 and T6. Such works are to be located as
they are indicated on the submitted plan and further information in relation to
street tree protection needs to be submitted prior to the works being carried
out to the satisfaction of Council’s OSUS division.
It should be noted at this stage
that in light of the subdivision being approved future consideration will need
to be given to the retention and protection of the existing trees tagged T8,
T9, T10, T14 & T15 (where necessary and/or appropriate) when configuring
any future proposed building footprint and engineering works for a proposed
dwelling house on the newly created lot in respect to the aforementioned
trees.”
Submissions/Objections
The proposal was notified to Councillors,
adjoining owners and interested parties.
No submissions were
received in relation to the proposal.
SUMMARY
The proposed development involves subdivision
of existing two (2) residential lots into three (3) residential lots. The
proposed development complies with the requirements of the Lane Cove Local
Environmental Plan 1987 and Council’s Residential Zones Development Control
Plan.
Further, although subdivided, the existing
dwelling houses are to be retained and would satisfy Council’s Code in terms of
setbacks, private open space, privacy and solar access and natural/soft
landscape areas.
The application is recommended for approval.
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RECOMMENDATION
That the application for subdivision of the existing two (2)
residential lots into three (3) residential lots be approved subject
to the following conditions:
1. (20)
That the development be strictly in accordance with plan lodged with the
Development Application “Plan of Proposed Subdivision of Lot
52 in DP 6886 & Lot A in DP 373006 being Nos. 26 & 28 Henley Street
Lane Cove. Local Govt. Area: Lane Cove”, Drawing: Subdivision Plan, Drawing
No: 2007/DA01, Amendment: B and Dated 22/05/07.
2. (1) The
submission of a Construction Certificate and its issue by Council or Private
Certifier PRIOR TO CONSTRUCTION WORK commencing
3. (137)
Lane Cove Council charges a fee of $25 for the registration of any Part 4A
Certificates (compliance, construction, occupation or subdivision
certificates) issued by an accredited certifier under the Environmental
Planning and Assessment Act.
4. Documentation
detailing an alternate destination for materials to be submitted PRIOR TO THE
ISSUE OF A CONSTRUCTION CERTIFICATE as Rock and Dirt Artarmon is no longer in
operation.
5. The
applicant shall provide Lane Cove Council with a detailed Construction
Management Plan prepared by a qualified consultant for Council’s approval.
6. (14) THE PAYMENT OF A CONTRIBUTION FOR AN
ADDITIONAL 3 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94
CONTRIBUTIONS PLAN. THIS PAYMENT BEING
MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE
CURRENT RATE AT TIME OF PAYMENT. THE
AMOUNT IS $24,376.50 AT THE CURRENT RATE OF $8,125.50 PER PERSON. NOTE:
PAYMENT MUST BE IN BANK CHEQUE.
PERSONAL CHEQUES WILL NOT BE ACCEPTED.
THIS CONTRIBUTION IS FOR COMMUNITY
FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94
CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE
COUNTER, LANE COVE COUNCIL, 48
LONGUEVILLE ROAD, LANE COVE.
7. (28)
Submission of final linen plans (plus 5 copies) and S88B Instrument (plus 5
copies) prepared by a registered surveyor.
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. (48) Depositing or
storage of builder's materials on the footpath or roadways within the
Municipality without first obtaining approval of Council is PROHIBITED.
Separate approval must be obtained from Council's
Works and Urban Services Department PRIOR TO THE PLACEMENT of any building
waste container ("Skip") in a public place.
12. (60) A temporary
connection to be made to the sewers of Sydney Water (where available) with an
approved toilet structure and toilet fixtures being provided on the site
BEFORE WORK IS COMMENCED. Where the
Sydney Water sewer is not available a "Chemical Closet" type toilet
shall be permitted.
13. (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.
14. (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.
15. (77) All spillage
deposited on the footpaths or roadways to be removed at the completion of
each days work.
16. (78) The site being
properly fenced to prevent access of unauthorised persons outside of working
hours.
17. (79) Compliance with
Australian Standard 2601 - The Demolition of Structures.
General
Engineering Condition
18. 206 Drainage Construction. The stormwater
drainage on the site is to be constructed generally in accordance with plan 2007/DA01-04 Rev B prepared by Not Listed
In this
project the above engineering plans are satisfactory as Concept plans. The
principle certifying authority is to satisfy themselves of the adequacy of
the above plans for the purposes of construction. They are to independently
determine what details, if any, are to be added to the Construction
Certificate plans, in order for the issue of the Construction Certificate.
Engineering Conditions to be complied with
Prior To Construction Certificate
19. 207 Footpath Damage Bond. The applicant shall lodge with
Council a $1000 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.
20. 208 Boundary Levels. The levels of the street alignment
shall be obtained from Council. These levels are to be incorporated into the
design of the internal pavements, carparks, landscaping and stormwater
drainage plans and shall be obtained prior
to the issue of the Construction Certificate.
21. 212 Residential Crossing. The residential crossing shall be
constructed to the specifications and levels issued by Council. An
application shall be made to Council and relevant fees / bond, (being a $800
bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209,
- 2005/06) is to be paid to Council prior to the issue of any Construction
Certificate for the
provision of street alignment levels and Council inspections.
22. Control of Stormwater Runoff. Stormwater runoff from all impervious
areas, including any ”on ground impervious areas” shall be collected and
piped by gravity flow to the street gutter or a suitable Council pipeline in
a manner acceptable to Council. The minimum capacity of the piped drainage
system shall be equivalent to the collected runoff from the 1 in 20 year
average recurrence interval storm event. Runoff that enters the site from
upstream properties must not be redirected in a manner, which adversely
affects adjoining properties. The design shall ensure that the development,
either during construction or upon completion, does not impede or divert
natural surface water so as to have an adverse impact upon adjoining
properties. All work shall be carried out in accordance with Council’s
standards and specifications for stormwater drainage.
23. 238 Council Inspections. A Council engineer must inspect the
stormwater connection to the existing Council stormwater pipeline.
Council shall be notified when the collar connection has been made to
the pipe and an inspection must be made before the property service line is connected to
the collar. The property service line must be connected to a stormwater pit,
as direct connection to Council’s pipeline will not
be permitted. An application
shall be made to Council and relevant fees paid ($121-2005/06) PRIOR TO
THE ISSUE OF THE CONSTRUCTION CERTIFICATE
for the Council inspection.
24. 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.
25. 233 Environmental
Pollution Control Pit. A stormwater water pit shall be provided, on the
new stormwater lines, at the boundary before discharging to the existing
easement.
The
Environmental pollution Control Pit is to be designed to remove pollutants
from the stormwater flow. The pit is to have a minimum dimension of 600 x 600
mm, a debris screen, (and a readily removable litter basket), and a sediment
collection sump and must be designed to drain completely in dry weather. The
pit is to be cleaned on a regular basis to the satisfaction of Lane Cove
Council.
Engineering
Conditions to be complied with Prior to Commencement of Construction
26. 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.
27. 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.
28. 203a Public Utility Relocation. If any public services are to be
adjusted , as a result of the
development, the applicant is to arrange with the relevant public utility
authority the alteration or removal of
those affected services. Any such work being carried out at the applicant’s
cost and prior to the commencement of works.
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. 260 Construction of Residential Driveway
Crossing. A full
width residential duty vehicular
crossing shall be provided opposite the vehicular entrance to the site, with
a maximum width of 5.0 metres and
a minimum width of 3.5 metres at
the boundary line. These works shall
be carried out prior to the issue of
the occupation certificate by
a licensed construction contractor at the applicant’s expense and shall be in
accordance with Council’s issued drawings and level sheets.
32. 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 vehicular footway
and gutter (layback) crossings are constructed or reconstructed in accordance
with (a) The construction plan requirements, and (b) Conditions of this
consent and, (c) Lane Cove Council’s ‘specification
for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the
applicant must request the Council Crossing inspector to provide written
evidence of satisfactory completion of the works).
2) Confirming that the site drainage
servicing the development complies with the approved construction plan
requirements and Lane Cove Council’s ‘standards and specification for
stormwater drainage’.
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).
33. 88B instrument: An instrument under 88B of the Conveyancing Act 1919 plus two copies
is to be submitted to Council prior to the Release of Subdivision
Certificate.
The 88B instrument shall properly
reflect the requirements of the conditions of the development consent, plans
forming part of the consent and Council’s policies.
Where Council or interallotment
drainage lines are located within the development, drainage easements shall
be created in accordance with Council’s minimum widths as set out in
Council’s DCP for Stormwater Management.
Part 2 of the 88B instrument shall
contain a provision that any easements, rights of way, covenants shall not be
extinguished or altered without the written consent of Council.
34. Access to the rear lot
shall comply with the requirements for Property Access Roads as outlined
within Section 4.1.3(2) of Planning for Bush Fire Protection 2006.
This response is to be deemed the Bush
Fire Safety Authority as required under section 100B of the Rural Fires Act
1997.
35. (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.
36. (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.
Street Trees
37. (314)
All street trees to be retained must be protected during the construction
process. A recommended construction
approach for the proposed street footpath and driveways/hard surface areas
where they are in close proximity to approved trees to be retained is to be
addressed and provided in an approved Arboriculturist report AS PART OF ANY FUTURE DA APPROVAL.
38. (315) The proposed driveway crossing must be at
least 2.5m clear of the trunk of the street tree T5 Stringybark as indicated
on the subdivision plan.
39. (316) The applicant must obtain a Tree
Preservation Order Work Authority before trimming any overhanging tree
growing in the adjacent nature strip.
The work must be done by a suitably qualified and experienced
Arboriculturist, and must be supervised by Council’s Tree Preservation
Officer, who is to be given at least 2 business days notice.
40. (317) A 1.8m high chain mesh fence shall be
erected around the street tree encompassing the entire grass nature from the
trunk of the trees indicated as T5 and T2 on the subdivision plan. 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.
41. A separate
Development Application shall be submitted for Council’s consideration for
the construction of a dwelling house, alteration and/or additions on each or
any of the proposed allotments, including the provision of on-site parking
space for 28 Henley Street.
42. Trees numbered T8,
T9, T10, T14 and T15 indicated on the plan submitted with this Development
Application are to be retained, tagged and protected when configuring any
future proposed dwelling house building footprint and associated engineering
works for the proposed rear lot.
43. The applicant shall
consult with the relevant Public Authorities and meet all costs involved in
any alterations required to Mains and Services.
44. The following
documentary evidence is to be obtained and forwarded to the Principal
Certifying Authority prior to the release of the subdivision certificate:
(a) A
Section 73 compliance certificate under the Sydney Water Act 1994 must be
obtained. Application must be made through an authorised Water Servicing
Coordinator.
The Notice must
be submitted to the Principal Certifying Authority prior to the Construction
Certificate being issued.
45. The Section 73
certificate must be submitted to the Principal Certifying Authority prior to
the release of the Linen Plan of the development.
46. The submission of a
surveyor’s certificate stating that no services, drainage lines
or access way encroach over the proposed boundary other than as provided for
by easements created by the final plan of subdivision.
47. A final clearance
is to be obtained from both Energy Australia and Telstra for satisfactory
provision of services to the proposed lots.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1 View
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Neighbour Notification
Plan
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1 Page
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AT‑2 View
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Site Location Plan
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1 Page
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AT‑3 View
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Site Plan of potential
building zones
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1 Page
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CNL200807ES_292
***** End of Environmental Services Division
Report No. 292 *****
***** END OF AGENDA *****
