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†††††††††††††††††††††††††††††††††††††††††††††††

 

Lane Cove Council

 

 

 

 

 

Planning and Building Committee

 

 

 

AGENDA

 

 

 

DATE OF MEETING:††††††††† 5 November 2007

 

LOCATION:††††††††††††† ††††††††††† Council Chambers

 

TIME:††††††††††††††††††††††† ††††††††††† 8:00PM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

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


PLANNING AND BUILDING COMMITTEE

 

5 NOVEMBER 2007

 

 

 

ITEM††††††††††††††††††††††††††††††††††††††††††††††† REPORT CONTENT††††††††††† ††††††††††††††††††††††††††††††††††† PAGE

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.††††† PLANNING AND BUILDING COMMITTEE MEETING Ė 17 SEPTEMBER 2007

 

 

Environmental Services Division Reports

 

2.†††††† Environmental Services Division Report No. 432

SUBJECT: 1 Nundah Street, Lane Cove

 

3.†††††† Environmental Services Division Report No. 441

SUBJECT: 41 Kenneth Street, Longueville

 

ITEMS TABLED

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

 

†††††††††††††††


PLANNING AND BUILDING COMMITTEE

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 432

 

5 NOVEMBER 2007

 

 

 

 

Planning and Building Committee at the Meeting 5 November 2007

15/10/2007 to Planning and Building Committee

Environmental Services Division Report No. 432

Subject:†††††††††† 1 Nundah Street, Lane Cove††

Record No:†††† da06/236 - 30564/07

Author(s):†††††† May Li

 

 

Property:††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1 Nundah Street, Lane Cove

 

Section 82A Review Application No:††††††††††††††† DA236/06

 

Date Lodged:†††††††††††††††††††††††††††††††††††††††††††††††††† 24 July 2007

 

Cost of Work:††††††††††††††††††††††††††††††††††††††††††††††††† $390,478.00

 

Owner :†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† S C OíNeill & C J McNaught

 

Author:†††††††††††††††††††††††††††††††††††††††††††††††† May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A Review of the deferred commencement of development consent 326/2006 for demolition of the existing dwelling house and construction of a two storey dwelling house with an attached single garage and boundary fences.

ZONE

2(a1) Ė 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 & 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours

††† 2,4,5 & 7 Nundah Street, Lane Cove

††† 14, 16 18 20 & 22 Ralston Street, Lane Cove

Ward Councillors††††††††

††† Gaffney, Teirney & Longbottom

Progress Association†††

††† North Lane Cove Progress Association

 


REASON FOR REFERRAL:

 

The development application has been granted a deferred commencement approval under delegation authority.The Section 82A Review application is submitted to Council for review of the decision in relation to the deferred commencement in accordance with Section 82A (6) of Environmental Planning and Assessment Act 1979.

 

EXECUTIVE SUMMARY:

 

Development application No. 236/2006 for demolition of the existing dwelling house and construction of a two storey dwelling house and erection of boundary fencing was grant a deferred commencement approval on 29 January 2007.

 

The deferred commencement consent required that the vehicular access from the subject site to Councilís Stringybark Reserve be removed and an amendment to the design of the western boundary fence.

 

The Section 82A Review application has offered an alternative design for the western boundary fence and requests the existing vehicular access through the Council reserve be retained.

 

BACKGROUND

 

The subject site is located on the northern side of Nundah Street, Lane Cove and is adjacent to Stringybark Reserve.Prior to the lodgement of the development application, Councilís General Manager advised the owners of the property that:

 

ďUnless the landowner can satisfy Council that their property has the present and ongoing benefit of a statutory approval or consent, still in force, expressly authorising vehicular access to their property over council land, all such access is prohibited and in that regard, after 60 days from the date of this letter any other permissions given or purportedly given to private land owners to use Council land for the purpose of gaining vehicular access to their respective properties is revoked and otherwise withdrawn.Ē

 

The proposal involves demolition of the existing dwelling house and the construction of a two storey dwelling house, including the erection of boundary fences.It also sought to retain the existing vehicle access from the western boundary through Councilís reserve.The design of the proposed dwelling house complies with the standards of Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings.The development application was approved as a deferral commencement.The conditions of the deferred commencement consent state as follows:

 

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

 

a.†††††††† The portion of the current driveway that lies on Council land between the Council service road within Stringybark Reserve and the property boundary is to be removed from this consent. The existing road surface is to be taken up with minimal disturbance to the root zone of the Blue Gum Eucalyptus saligna and planted with turf.Further the proposed gate is to be replaced with non-movable fencing.

 

b.†††††††† The proposed masonry perimeter fencing along the western boundary must not extend further than 20m in a northern direction from the street frontage at Nundah Street. The remainder of the perimeter fence is to be constructed using wooden fencing. Any excavation works for footing locations along the western boundary must be individually hand dug only when within 5m of the base of the trunk of the Eucalyptus saligna.

Evidence of the above matters must be produced to the Council or its delegate within 12 month of the date shown otherwise the consent shall not operate.

 

The owners of the property have lodged a Section 82A Review application and requested Council to review the above conditions relating to the deferred commencement consent.The design of the proposed dwelling house remains unchanged to the original design.Refer to AT1 for the S82A request and AT2 for plan details.

 

PREVIOUS APPROVALS/HISTORY:

 

Development Application 2006/203 for demolition of the existing dwelling house and construction of a two storey dwelling house was determined under the delegation authority on 29th January 2007 by way of a deferred commencement consent.

 

Refer to AT3 for the previous planning report.

 

REFERRALS:

 

Manager Open Space

 

The Manager of Open Space has assessed the Section 82A Review application and has provided the following comment:

 

Access through Stringybark Reserve

 

The information that the applicants submitted to Council in response to Council letter of 19 April 2007 has been reviewed and discussed with Councilís in house solicitor Ian Ellis Jones.His advice is that there is nothing in the information submitted by Mr McNaught or Mrs OíNeill that confers any express or implied rights to continue to use Stringybark Reserve as a driveway to the rear of 1 Nundah St.The information provided did not include any written approval for the driveway through the park. In fact, the 1993 Council Report mentioned that it is Council policy not to grant such permanent rights of way.

 

Consequently, the condition still applies.

 

Executive Manager, Open Space & Urban Services

 

The Executive Manager of Open Space and Urban Services has confirmed that the use of Councilís land for vehicular access to the property at 1 Nundah Street should be revoked and withdrawn.

 

 

In relation to the fence design, Councilís Manager Bushland has advised:

Condition A (b) of the deferred commencement consent was recommended by Councilís landscape architect and was imposed for the protection of a large healthy Blue Gum Eucalyptus Saligna in Councilís reserve to the north east of the existing gateway at the rear of the property.The Manager of Bushland has reviewed the amended design of the proposed western boundary fence and stated that Condition Part A (b) of the deferred commencement consent may be amended in the following manner:

 

The proposed masonry perimeter fencing along the western boundary must not extend further than 30m in a northern direction from the street frontage at Nundah Street. The remainder of the perimeter fence must be post and rail constructed, with excavation only permitted for the upright posts.Any excavation works for footing locations along the western boundary must be individually hand dug only when within 5m of the base of the trunk of the Eucalyptus saligna and any other tree along the boundary.

 

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

 

The proposed development for a dwelling house is permissible within the zone of the subject site.It is considered that the proposed development is not contrary to the objectives and the provisions of Lane Cove Local Environmental Plan 1987.

 

Other Planning Instruments

 

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

 

The Section 82A Review application does not amend the design of the dwelling house and the assessment of the design of the dwelling house has been outlined in the previous planning report.

 

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

 

The Section 82A Review Application was notified in accordance with Councilís notification policy.

A submission was received from the owners of 16 Ralston Street, Lane Cove in response to the notification of the Section 82A application.The submission raised concerns to the proposed retaining wall at the northern boundary of the subject site and states that the retaining wall would interfere with the existing fence and require special construction methods to ensure the integrity of the fence is not compromised.

 

Officerís Comment

 

The concerns relating to the retaining wall have been addressed by the way of conditions of the development consent (Conditions No. 19 to No. 24) in the original application assessment.

 

CONCLUSION

 

The application is submitted to Council for a review in accordance with Section 82A of Environmental Planning Assessment Act 1979.In the event the Council after itís review of the determination wishes to support the applicantís request Part A of the deferred commencement would need to be deleted and Part B modified as indicated above, including the inclusion of additional fence plan numbers.

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act 1979, as amended, the determination of development consent 2006/203 granted a deferred commencement consent on 29 January 2007 for the demolition of the existing dwelling house and the erection of a two storey dwelling house with an attached single garage and boundary fencing on Lot 31, DP 10302 and known as 1 Nundah Street, Lane Cove is submitted to Council for review and determination.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Request for review of determination

2 Pages

 

AT‑2 View

Site Location Plans

3 Pages

 

AT‑3 View

Environmental Services Division Report No. 314

17 Pages

 

PBC051107ES_432.doc

*****†† End of Environmental Services Division Report No. 432†† *****


PLANNING AND BUILDING COMMITTEE

 

5 NOVEMBER 2007

 

 

 

 

Planning and Building Committee at the Meeting 5 November 2007

18/10/2007 to Planning and Building Committee

Environmental Services Division Report No. 441

Subject:†††††††††† 41 Kenneth Street, Longueville††

Record No:†††† da07/152 - 31263/07

Author(s):†††††† May Li

 

 

Property:††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 41 Kenneth Street, Longueville

 

Section 82A Review Application No:††††††††††††††† 152/2007

 

Date Lodged:†††††††††††††††††††††††††††††††††††††††††††††††††† 27 September 2007

 

Cost of Work:††††††††††††††††††††††††††††††††††††††††††††††††† $500,000.00

 

Owner :†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† H & D Graves

 

Author:†††††††††††††††††††††††††††††††††††††††††††††††† May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A Review of conditions of consent from Development Application 152/2007 for demolition of the existing dwelling house and construction of a two storey dwelling house, a front boundary fence and a new driveway.

ZONE

Residential Ė 2(a1)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10b

STOP THE CLOCK USED

No

NOTIFICATION

Not required as the Section 82A application does not change the design of the original development.

 

REASON FOR REFERRAL:

 

The application has been called to Council by Councillor Hassarati.The development application was conditionally approved under delegated authority in September 2007.The Section 82A Review application has been submitted to Council for review of the conditions requiring retention of a Jacaranda tree located at the rear of the proposed dwelling house.

EXECUTIVE SUMMARY:

 

A development application (DA152/2007) for demolition of an existing dwelling house and construction of a two storey dwelling house was approved subject to conditions on 21 September 2007 under delegated authority.

 

Condition 37 and 41 call for the retention and protection of a number of trees located on the site.This application seeks to amend Condition 37 and delete Condition 41 to enable the removal of the Jacaranda tree located at the rear of the proposed dwelling house.Site Plan attached AT1.

 

PARTICULARS

 

The original development proposal involved the removal of three trees including a fig tree and a large Jacaranda tree on the subject site and a Jacaranda tree on Councilís road reserve.Consent was granted for the removal of the street tree and the fig tree.In relation to the Jacaranda trees on the site, it was noted that Jacaranda trees are a prominent tree species in the immediate area and contribute to the overall landscape of Longueville.As such, Council resolved under delegation that the large Jacaranda tree located in close proximity to the rear of the proposed dwelling house be retained and protected by conditions of the development consent.Refer to AT2 for the previous assessment report.

 

The applicant seeks to remove the Jacaranda tree at the rear of the dwelling house and has lodged a Section 82A Review application requesting Council to review the conditions (37 and 41) relating to the retention and protection of the Jacaranda tree.The design of the proposed dwelling house remains unchanged in the Section 82A application.

 

The subject site contains two mature Jacaranda trees and the application requests the removal of one of the jacaranda trees due to a medical condition of the ownerís child.A medical certificate was not lodged with the Section 82A Review application to support the applicantís request.Refer to AT3 for the Section 82A Statement by the applicant.

 

REFERRALS:

 

Manager Open Space

 

Councilís Tree Assessment Officer has reviewed the Section 82A Review application and in the absence of medial documentation has reaffirmed that the removal of the Jacaranda tree is not supported.

 

The Tree Assessment Officerís memorandum in response to the proposed tree removal is provided in AT4.

 

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

 

This has been taken into consideration in the previous assessment. It is considered that the proposed development for a dwelling house complies with the aims and the objectives of Lane Cove Local Environmental Plan 1987.

 

 

 

Other Planning Instruments

 

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

 

The design of the dwelling house complies with the requirements of the Code.

 

CONCLUSION

 

The decision of the development application is submitted to Council for a review in accordance with Section 82A of Environmental Planning Assessment Act 1979.In the event that the Council supports the Section 82A Review, Condition No. 37 will need to be modified to remove reference to the Jacaranda tree at the rear of the dwelling house and deletion of Condition No. 41.

 

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act 1979, the conditions relating to the retention of the Jacaranda tree at the rear of the dwelling house approved on 21 September 2007 on Lot 53, DP 2459 and known as 41 Kenneth Street, Longueville is submitted to Council for review and determination.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Delegated Authority Report No. 400

13 Pages

 

AT‑3 View

Supporting Arguments for S82A Review

5 Pages

 

AT‑4 View

Report from Peter Maish, Tree Assessment Officer

3 Pages

 

PBC051107ES_441.doc

*****†† End of Environmental Services Division Report No. 441†† *****

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