PLANNING AND BUILDING COMMITTEE
ENVIRONMENTAL SERVICES DIVISION REPORT NO. 532
17 DECEMBER 2007

Planning and Building Committee at the Meeting 17 December 2007

5 December 2007 to Planning and Building Committee

Environmental Services Division Report No. 532

Subject: 85 Arabella Street, Longueville

Record No: DA07/105-01 - 37335/07

Author(s): Andrew Thomas

Property: 85 Arabella Street, Longueville

DA No: D105/07

Date Lodged: 17.4.07

Cost of Work: $850,000

Owner : D.F. & D. Willis

Author: Andrew Thomas

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Demolish dwelling-house and garage, and construct a two storey dwelling-house over a basement garage; a combined detached garage, car space and pool house; a swimming pool; and boundary and retaining walls.
ZONE	Residential 2(a2)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No, but two dwelling houses to the rear of the site are heritage items
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class1a, 10a and 10b
STOP THE CLOCK USED	Yes: 4.6.07-21.8.07; 31.8.07-20.9.07 and 11.10.07-29.10.07
NOTIFICATION	(i) Original DA Neighbours Nos. 81-89 Arabella St; 1 and 2 Lucretia Ave; and 76-86 Kenneth St Ward Councillors Central Progress Association Longueville Residents Other Interest Groups N/a (ii) Revised DA Both objectors to original DA i.e. owners of 83 and 87 Arabella Street

REASON FOR REFERRAL:

This application is referred to Council’s Planning and Building Committee because it proposes a rooftop terrace. Council has advised the applicant that this would not be supported.

Councillor Freedman has raised some issues with the development, and Councillor Hassarati has expressed an issue with the roof top terrace.

EXECUTIVE SUMMARY:

The proposal is for:

· the demolition of an existing dwelling-house and detached garage,

· The construction of a two storey dwelling-house over a basement level garage; an outbuilding combining a detached garage, car space and pool house; a swimming pool; and boundary and retaining walls.

· The original proposal drew two objections, one from each adjoining owner.

· Council discussed the issues with the applicant in relation floor space ratio; the size of the outbuilding; extent of excavation and width of some elevated decks; overshadowing; landscaping; the swimming pool; fences and retaining walls.

· Revised plans were submitted which clarified floor space ratio; (and reduced the height of the dwelling-house); reduced the size of the outbuilding and the area of some elevated decks, and clarified the other concerns. A roof top terrace has nevertheless been retained, and the owner advised that this was not supported.

· The revised plans were notified to each adjoining owner who both made submissions concerning front setback; privacy and overshadowing. The proposed setback complies and conditions are recommended to address privacy. Overshadowing is only an issue concerning one ground floor level window. On balance the revised proposal is a reasonable development and is therefore recommended for approval.

SITE:

The site is a rectangular lot with front and rear dimensions of 15.24m and an area of 717m². It is located on the high, western side of Arabella Street, directly opposite the T-intersection with Lucretia Avenue, and has a rear boundary to Arundel Street. The site has a maximum fall from its rear boundary to its front boundary of about 5.3m and a negligible crossfall.

Existing on the site is a single storey dwelling-house, set back about 11m from the front boundary, and a detached garage at the rear boundary. The dwelling-house is partly elevated at the front over sandstone blocks and has a later rear addition. There is an embankment at the rear boundary with a fall of about 2.5m. The existing garage is elevated above the rear yard and the back portion of the existing dwelling-house.

There are some trees, including palm trees, along the site’s northern, side boundary. In the front yard is an Argyle apple tree about 9m in height close to the southern side boundary, and a mature palm tree next to the house.

On each side of the site is are two storey dwelling-houses. 83 Arabella Street is on the site’s northern side, and is a new dwelling-house over a basement level garage with a swimming pool in the rear yard. 87 Arabella Street is on the site’s southern side, and is an older dwelling-house that includes a later first floor addition and a detached double garage on its rear boundary.

The locality is residential and contains a mix of one and two storey dwelling-houses of various styles and ages. In the vicinity of the subject site some newer dwelling-houses have been constructed over a garage level and appear as three storeys.

Copy of Site Plan and Notification Plan attached (AT1 and AT2).

BACKGROUND

The Executive Summary to this report has highlighted Council’s initial issues with this development. In response to the original development application Council wrote to the applicant setting out its concerns and requesting amended plans. This was followed by a meeting at which these concerns were discussed. The applicant requested additional time to prepare revised plans which were submitted in August. However appropriate shadow plans were not received until 20 September.

Both objectors raised concerns to the revised plans.

PROPOSAL:

The application is for:

· the demolition of the existing dwelling-house and detached garage; and

· the construction of a two storey dwelling-house over a basement level garage; and

· an outbuilding on two levels at the rear boundary containing a single garage, an adjoining car space and a pool house below;

· a swimming pool in the rear yard;

· front, rear and side boundary fencing and retaining walls.

The proposed works are described in more detail below.

1. Dwelling-house

The proposed dwelling-house would be about 3.5m forward of the existing dwelling-house. It would be on three levels and would include a rooftop terrace. Details about each level follows.

(i) Basement

This level would include a double garage for tandem-style parking and a rainwater storage area. The garage would be accessed by a proposed 3.1m wide driveway off Arabella Street. The southern side of the driveway would be set back 1.2m from the Argyle apple tree.

(ii) Ground

This would generally be level with the level of the existing rear yard, and would include all of the family rooms plus one bedroom at the front. It would also include a north facing terrace in the centre, and a terrace at the rear. A rainwater tank is proposed under the front lawn that would connect to those behind the garage. This level would be set back between 2.5m and 7.5m from the northern, side boundary.

(iii) First

This level would include most of the bedrooms, including the main bedroom which would have a small front balcony and an adjoining retreat. Towards the rear would be a 3m wide uncovered terrace, with an adjoining 3m wide planter box, that would be accessed off the hallway. This level would have the same variable setbacks from the northern side boundary as the ground floor level.

(iv) Roof

At the front, northeast corner an uncovered roof terrace is proposed with an area of about 15m². This would include a planter box on its front, eastern side and a solid balustrade on its northern side. It would be accessed by an open walkway on the northern side of the dwelling-house.

Materials

The proposed dwelling-house includes a stone base at the front. The majority of the walls are to be rendered and painted masonry, although the rear two storey wing would be clad. The main hipped metal roof would have a low pitch of about 20^o, whilst the rear two storey wing would have a flat metal roof.

Extensive glazing within aluminium framed windows is proposed at the front and northern sides. The north facing staircase and northeast wing would both have external louvres. External blinds are proposed at the front of the parents retreat.

2. Outbuilding

This would be located in the southwest corner of the rear yard and would replace an existing fibro garage accessed off Arundel Street. Revised plans have altered the original double garage to a single garage with an adjoining car space on the southern side. Below each car space would be the pool-house. This outbuilding would be accessed by a new 4m wide driveway from Arundel Street, and would be located adjacent to a double garage in the rear yard of 87 Arabella Street. The height of the proposed garage would be about 300mm higher than the existing and would have a flat metal roof.

3. Swimming Pool

A pool about 3.5m wide, 8.5m in length and with a depth of 1.8m is proposed parallel to the rear boundary.

4. Boundary Fences

The plans, including a landscape plan, shows fencing along the front, rear and part of the southern, side boundary.

The front boundary fence would be rendered and painted masonry with a maximum height of 900mm.

The same type of fence is also proposed along the rear boundary but with a height of between about 1.7m and 2m. On the opposite site of the garage 1.8m high timber gates are proposed across the open car space.

Along the southern side boundary a combination of a retaining and boundary fence is proposed with a minimum height of 1.8m close to the rear boundary and 3.5m at the rear of the garage. The existing common boundary fence along part of the southern, side boundary, which in part is only 1.5m high, is intended to be replaced with a timber fence 1.8m high.

5. Retaining Walls

Numerous retaining walls are proposed on the site. In the front yard the proposed driveway would have retaining walls of between about 800mm and 1.4. along the side boundaries. Setback about 3.5m from the front boundary would be a retaining wall approximately 2m high.

As previously indicated the pool house structure would have a combined retaining wall and boundary fence along the southern side boundary. In addition the pool house would require a retaining wall about 3m high at the rear. There would also be a 3.3m high retaining wall at the back of the garage, and a 1.8m high retaining wall for the proposed pool.

PREVIOUS APPROVALS/HISTORY:

None in the last 10 years.

PROPOSAL DATA/POLICY COMPLIANCE:

TABLE 1: DWELLING-HOUSE

Site Area (717m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.5:1	0.5:1	yes
Soft Landscaped Area (min)	36%	35%	yes
Side Boundary Setback (min)	North: 2.57m-7.44m South: 1.5m	1.5m (2 storeys)	yes
Overall Height (m) (max)	8.2m	9.5m	yes
Ceiling Height (m) (max)	7.5m	7.0m	no
No of Storeys	1-2	2	yes
Building Line (max)	7.6m-8.7m	7.5m	yes
Foreshore Building Line(min)	n/a	-	-
Cut and Fill (max)	Cut: garage and pool house - 2.5m Fill: <1m	1m	no
Deck/Balcony width (max)	Roof terrace: 6m	3m (if elevated by >1m)	no
Solar Access (min)	< 3 hours to a ground floor window of a habitable room at 87 Arabella Street	3 hours to north elevation	no
BASIX Certificate	supplied	BASIX Certificate required	yes

TABLE 2: FRONT FENCE

	PROPOSED	CODE	COMPLIES
Height (max)	900mm	900mm	Yes
% Open Where > 900mm in Height (min)	Not required	50%	N/a
Setback From Front Boundary if >900mm in height min)	Not required	1m	N/a
Splays	Not required	1m	N/a

TABLE 3: SWIMMING POOL

	PROPOSED	CODE	COMPLIES
Concourse Edge to Neighbour’s House (min)	>3m	3m	Yes
Setback from boundary if concourse is <500mm above natural ground level (min)	1.345m Nil	900mm -from internal face of pool 450mm from edge of concourse	Yes No
Setback from boundary if concourse is >500mm above natural ground level (min)	N/a	900mm from edge of concourse	-
Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space (min)	N/a	1:1 setback measured from concourse edge	-
Height (max)	500mm	1800mm	Yes
Setback if height is >1800mm (min)	N/a	1:1 setback measured from concourse edge	-
Screening of facade where > 1.0m above ground level?	N/a	Screening required	-

TABLE 4: OUTBUILDING (i.e. garage, car space and pool house)

REQUIREMENT	PROPOSED	CODE	COMPLIES
Height (max)	5.3m	3.6m	No
Floorspace (max)	63.5m²	Not to exceed 10% of site area or 55m², whichever is the lesser (55m² is the lesser)	No
Rise (max)	2 storeys	1 storey	No
Roof space	No	May be used as a loft, or for storage	N/a
Class 1 (Dwelling) and Class 10 (Outbuilding)	33%	Not > 2/3 site area	Yes
Unoccupied area (min)	>46.4m²	Not <46.4m²	Yes
Side setback (min)	Nil (car space)	900mm	No

REFERRALS:

Building Surveyor

No objection raised, subject to conditions including the submission of engineering details as part of a Construction Certificate. In addition suggests two conditions to address swimming pool safety.

Development Engineer

No objection raised, and the Engineer confirmed that the site is within an OSD exemption area. Suggests conditions that address matters including stormwater; excavation; rainwater reuse tanks; sediment and erosion control and restoration.

Arborist

Did not support the original proposal because the location of the driveway threatened the Argyle apple tree. However, supports the revised proposal which shows the driveway setback from this tree. Conditions provided that address the protection of the Argyle apple tree and other general matters.

Heritage Advisor

Confirms the development would be consistent with other development in the vicinity of Arabella Street. States that the development would have no impact on heritage items at the rear of the site as these are located at a higher level; have also undergone alterations and are a considerable distance from the subject site. Raises no objection to the proposal.

ASSESSMENT

SECTION 79C(1)(a): ENVIRONMENTAL PLANNING INSTRUMENTS, REGULATIONS, CODES AND POLICIES

Lane Cove LOCAL Environmental Plan 1987 (The LEP)

i) Zone

In summary the objectives under the Residential 2(a2) Zone under the LEP are:-

· to retain existing residential amenity; and

· to only permit new dwelling-houses which would not be highly visible viewed from the Lane Cove River.

Although the proposal would have some adverse impact in relation to overshadowing of one habitable window at the ground floor level of 87 Arabella Street, the development is generally compliant with Council’s Code requirements.

In addition the development would not be highly visible viewed from the Lane Cove River (Woodford Bay). Consequently the development would satisfy the objectives under the LEP.

ii) Heritage

Clauses 18A-18G of the LEP address heritage matters. Clause 18E requires Council to assess the proposed development’s impact on the heritage significance of the dwelling-houses at 82 and 86 Kenneth Street. Both dwelling-houses are of local heritage significance under the LEP and are located at the rear of the site. Council’s Heritage Advisor has confirmed that the proposal would have no impact on either heritage item.

Other Planning Instruments

SEPP 55: Remediation of Land

Clause 7 of this Policy requires Council to assess whether the site is contaminated. Considering the long term residential use of the subject site, and surrounding sites, it is unlikely that the site would be contaminated.

APPLICABLE REGULATIONS

As the proposal involves the demolition of a dwelling-house and outbuilding Council must address the requirements under the Environmental Planning and Assessment Regulation 2000 and Australian Standard 2601-2001. Condition 79 is included in the Recommendation to this report to address this matter.

Variations to Council’s Codes/PolicIes

1. CODE

The development requires assessment against Council’s Code and Development Application Checklist For Dwelling Houses, Fences, Private Swimming Pools and Outbuildings, August 2002 (the Code).

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

TABLE 1: DWELLING-HOUSE

(i) Ceiling Height

Cl. 3.3 of the Code sets out the requirements for Height. The objectives, and relevant standard, are:-

“Objectives:

a. Control the height, bulk and scale of new dwellings and additions to existing dwellings so that they are in harmony with the surrounding buildings.

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

c. Maintain reasonable solar access and minimise overshadowing of adjacent properties.

Standards:

1. No dwelling is to exceed a height of:

i. 7.0m to any point on the uppermost ceiling;

ii. 9.5m to the highest point of the roof;

above natural ground level.”

Due to the slope of the site towards the front the dwelling-house proposes an uppermost ceiling height up to a maximum of 7.5m. This non-compliance is supported for the following reasons:

· the highest point of the roof (at the front) would only be 8.2m and as low as 7.4m (at the rear);

· the proposal would be in harmony with development in the area in terms of height, bulk and scale;

· generally existing views would not be affected, and only the outlook to the northeast from 87 Arabella Street would be reduced, although these views are not significant and are already impeded by existing trees; and

· due to the existing level of overshadowing of ground floor windows the additional overshadowing that would be caused by the development would not be unreasonable.

(ii) Cut

Cl. 3.1 (General) of the Code limits the amount of cut (excavation) to 1m so as to ensure that dwellings would achieve these three objectives:

“a. Dwellings be designed with regard to site constraints so as to minimise their impact on the landform.

b. Dwellings blend into the natural landscape.

c. Dwelling designs have regard to the amenity of adjoining properties ”

Although the basement level garage and pool house require excavation up to about 2.5m this non-compliance is recommended for support because:

· excavation takes advantage of the sloping nature of the site towards the front (so as to create a basement level garage), and the significant fall from the rear embankment (to enable the construction of the pool house);

· neither the basement level, nor the pool house, would affect the amenity of adjoining properties;

· the Argyle apple would be retained in the front yard

(iii) Deck/Balcony width

Cl. 3.6 of the Code addresses Privacy And Overlooking the objective for which seeks to ensure:

“Buildings are to be designed and constructed so as the use will not significantly affect the privacy of the occupants of any adjoining site.”

The relevant standard seeks to ensure that:

“Elevated decks, terraces or balconies greater than 1m above natural ground level are not to exceed a width of 3.0m of usable area. This clause does not apply where privacy is not an issue.”

The revised design proposes a roof top terrace at the front, northeast corner of the dwelling-house that has a maximum width of 6m (i.e. where it is adjacent to the northern wall) and a length of 3m (excluding the length of a planter box at the front).

Condition 2 is provided in the conditions of consent requiring this feature to be deleted. Should Council resolve to approve this feature it should be designed to restrict its usable width i.e. from the northern wall to 3m, and to include a 1.7m high privacy screen on its northern side so as to prevent overlooking down into the main bedroom and adjoining front balcony of the adjoining dwelling-house at 83 Arabella Street.

(iv) Solar access

Cl. 3.4 of the Code sets out the objective for solar access which is to:-

“Provide reasonable solar access to habitable rooms and recreational areas.”

The required standard states:-

“Buildings or additions shall be so designed and oriented 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 receive at least 3 hours of sun between 9am and 3pm on 22^nd June.”

Whilst the proposal would satisfy the requirements in relation to the recreational area i.e. (the rear yard) of 87 Arabella Street, a ground floor bedroom (currently being used as a study) would largely be in full shadow throughout the day on June 22. This variation is supported for the following reasons:

· this window is already overshadowed from 9am and between 10am and 11am by the existing dwelling-house on the site;

· the additional loss of sunlight to this window only occurs after 11am;

· the eave and gutter above this window have a combined width of about 650mm and therefore would already cast some shadow over this window (although this has not been shown in the shadow plans);

· the overall height, floor space ratio and southern side boundary of the proposed dwelling-house comply with the Code; and

· the non-compliance is exacerbated by the relative orientation of the subject site and 87 Arabella Street.

TABLE 3: SWIMMING POOL

The only non-compliance is in relation to the swimming pool concourse not being setback from the rear boundary.

Whilst the swimming pool itself would be setback 2.25m from the rear boundary two adjoining deck areas form part of the pool’s concourse. As each deck would have a nil setback the proposal would not comply. This variation is supported because:

· the pool decks would not impact on either adjoining neighbour; and

· the pool and both decks would be lower than the level of the verge in Arundel Street none of the structures would be visible from this street.

TABLE 4: OUTBUILDING

The objective for Outbuildings under cl. 6 of the Code states:

“Outbuildings (Class 10) to Dwelling Houses shall be of a design and use materials and colours that are compatible with the existing or proposed development and shall be in keeping with the amenity of the adjoining development.”

This table confirms that there would be four non-compliances, each of which is addressed below.

(i) Height

Although the height would exceed 3.6m, Council may allow a variation “on sloping ground” and if the structure is setback at least “900mm from the boundaries and Council is satisfied that the proposal will not materially affect the amenity of any adjoining site.”

This variation is not unreasonable because the pool house would not be visible from the street. Therefore the only visible part of the structure would be the garage which would have a height of 2.5m.

Although a car space is proposed on the southern, side boundary, the visible structure (the garage) would be setback about 2.3m from this side. In addition, because the visible works would only involve a single garage with a flat roof, the proposal would also satisfy the Code’s requirements as it would not affect the amenity of any adjoining site.

(ii) Floorspace

The proposed floorspace would exceed the maximum allowed by about 8.5m². However, the pool house would not be visible from the street. Excluding the pool house the visible floorspace of the outbuilding would be limited to the garage, which at only about 24m² is well below the maximum of 55m².

(iii) Rise

Although the structure would have a rise of 2 storeys the lower pool house level would not be visible from Arundel Street. Consequently this non-compliance is recommended to be supported because when viewed from this road the structure would appear single storey.

(iv) Setback

Cl. 3.8 of the Code (Setbacks To Side Boundaries) may allow a detached garage to have a nil boundary setback “if there will be no adverse impact on adjoining properties and, if objectives are achieved.” In summary the objectives require the following:

· separation between dwellings for privacy and to provide for landscaping; and

· where applicable, to enable views between dwellings.

Whilst the garage would be setback 2.3m from the southern, side boundary, the car space and pool house beneath would both have a nil side setback. Views are not threatened, and as the structure would be adjacent to a double garage located on the rear boundary of 87 Arabella Street, landscaping would not be required.

One issue arising is the need to promote public safety by providing a reasonable sight distance on the north side of the driveway to the garage. Condition 3 is suggested requiring a 1m x 1m splay on the north side of the driveway; to achieve this the proposed rear boundary wall would need to include a 1m splay at the corner. As the proposed timber gates across the car space are 1.8m high this condition also requires the height of these to be reduced to 900mm.

The other issue arising is the need to prevent overlooking from the landing of the rear stairs of the garage across the rear yards of both 83 and 87 Arabella Street. Consequently Condition 4 is suggested requiring the height of the privacy screen to be increased to 1.7m which is that promoted under the Australian Model Code for Residential Development (AMCORD).

Consequently the non-compliance is recommended for support because the objectives under cl 3.8 of the Code would be satisfied.

Summary

Despite the proposal resulting in some non-compliances with the Code those in relation to the swimming pool and outbuilding would have no adverse impact on adjoining neighbours or the streetscape. The non-compliances in relation to the dwelling-house are partly due to the fall of the site and its orientation relative to the adjoining property to the south. None of the non-compliances are so significant as to warrant refusal of the application.

2. POLICY

The development raises an issue in relation to Council’s Second Vehicle Access policy (Policy WO1006). The objective of the policy states:-

· “For reasons of aesthetics and safety, the area of concrete and the number of points of entry shall be kept to a minimum. Nevertheless, it is preferred that vehicles, boats, caravans and trailers be parked off-street provided they are not sited between the cottage and the street alignment.”

The Policy also states that “Other than in extenuating circumstances, each residential property shall have one (1) vehicular footpath crossing only and such crossing shall be limited in width to that required for one vehicle…”

Certain departures from the policy may include where a double garage is proposed requiring a wider crossing than normal. Currently, and in common with a number of properties in this area of Arabella Street, the site has only one vehicular access, i.e. at the rear from Arundel Street. The development proposes a 3.1m wide driveway off Arabella Street leading to a tandem-style basement garage.

The applicant was advised that Council’s Development Engineer would not support the proposed driveway off Arabella Street unless cars could enter and exit the site in a forward direction because the site was in a potentially dangerous location opposite Lucretia Avenue.

The applicant submitted a traffic report which confirmed that, under the relevant Australian Standard, such a requirement should not apply to domestic driveways, consequently the proposed driveway should be supported. In addition the report stated that the traffic generated by the use would be minimal; the site offers excellent visibility/sight distances in both directions along the street; and traffic activity at the T-intersection was very low. Council’s Development Engineer has concurred with the traffic consultant’s report and the development has proceeded on the basis that vehicular access is possible from both Arabella Street and Arundel Street.

SECTION 79C(1)(b): IMPACTS

i) Built impact

The main impacts resulting from the proposal would be the overshadowing of the adjoining site to the south at 87 Arabella Street, and the potential impact on the amenity of the occupants of the new dwelling-house to the north at 83 Arabella Street. The shadow issues have been addressed under earlier comments regarding non-compliances with the Code. Conditions are also recommended to address amenity.

ii) Natural impact

The trees on the site include some palm trees along the northern side boundary, and a mature palm tree and an Argyle apple tree in the front yard. Some of the palm trees would be removed but the Argyle apple tree would now be retained due to revisions to the proposed driveway off Arabella Street.

SECTION 79C(1)(c): THE SUITABILITY OF THE SITE

Overall the proposal seeks to take advantage of the site’s dual frontage and otherwise a development is proposed that would be similar to others in the area. On this basis the proposal is suitable for the site.

RESPONSE TO NOTIFICATION (Section 79C(1)(d)) and SECTION 79C(1)(e): THE PUBLIC INTEREST

Two submissions were received in response to the notification of both the original development application and the revised plans from the owners of each adjoining property i.e. at 83 and 87 Arabella Street. The main issues raised in the submissions can be summarised as follows.

i) Front setback

Existing dwelling-houses have a greater setback than the minimum of 7.5m under the Code; proposed setback would not be in keeping with the existing streetscape and may possibly devalue the new development and other properties.

Comment

The Code requires a building line (setback) of 7.5m from the front boundary. This may be varied where unusual site constraints exist, or if there is an established building line of less than 7.5m and the proposal would have minimal impact on the streetscape. The Code does not require a greater setback than 7.5m. Whilst each adjoining dwelling-house is setback more than 7.5m, dwellings to the south of the site on the same side of Arabella Street have a variable setback (particularly No. 93) whilst some to the north also have a variable setback, (particularly those between Dunois Street and Cowper Street). The front setback is reasonable. No evidence has been submitted that the proposed setback would devalue any dwelling-houses in the area.

ii) Bulk and scale

Both are excessive and would disrupt the character and streetscape of this part of Arabella Street by protruding substantially in front of the general building line.

Comment

The bulk and scale of the proposed development are reasonable not only in relation to each adjoining dwelling house, but also compared to a number of dwelling-houses in the vicinity of the subject site, including those recently constructed.

iii) Solar access

Criticises the revised shadow plans because the existing building is not shown stepped back, and the proposal for not allowing any sun on two windows on the north elevation of 87 Arabella Street and restricting sun to a third, large window to a small amount at 3pm.

Comment

The applicant has confirmed that whilst the line of the existing dwelling-house is incorrect the shadow diagrams submitted with the revised plans have been modelled correctly using the site survey and are therefore a true representation of the existing building line and do not require amendment.

Of the windows on the north elevation only one habitable window towards the rear of the ground floor level would not receive the required solar access. The two windows close to this bedroom/study window are bathroom windows and therefore not classed as habitable under the Building Code of Australia. Although a very narrow (250mm wide) ground floor side window to a main bedroom has not been shown, this is only part of a corner window with a general outlook to the front. The window directly above this side window is also of the same width and is not shown on the shadow plans because cladding extends across it.

An earlier section to this report has concluded that the overall loss of solar access to the one habitable window on the ground floor caused by the proposal is not a reason to refuse the application.

iv) Ceiling height

The ceiling height can be reduced, and coupled with an increased front setback, can comply.

Comment

The previous section to this report has discussed this non-compliance and concluded as building height would comply the non-compliance is not significant.

v) Side setback

The rear of the existing dwelling-house has significant setbacks from the southern boundary whereas the proposed building has none.

Comment

The setbacks of the proposed dwelling-house comply with the Code.

vi) Floorspace ratio (FSR)

Exceeds that set down in the Code, possibly due to the pool house. Suggest pool house is deleted.

Comment

Discussion with the applicant separated the floorspace of the outbuilding from the dwelling-house. The floorspace for the dwelling-house complies with the Code. Although the floorspace for the outbuilding marginally exceeds the maximum allowed by 8.5m², the structure is reasonable.

vii) Front garage

Question why a garage is required off Arabella Street which would create a three-storey façade to the front. The entrance to the garage opposite the T-intersection could create a traffic hazard. Excavation for the garage exceeds the maximum of 1m. Parking should be confined to the rear boundary.

Comment

Under a previous section Council’s Second Vehicle Access policy has been discussed in relation to the T-intersection. Council’s Development Engineer concurs with the applicant’s Traffic Report and is satisfied that the site can provide vehicular access off Arabella Street. Other concerns in relation to the extent of excavation have also been previously discussed.

viii) Outbuilding

Pool house could be used as a habitable room because of its ceiling height, which has been achieved by raising the garage floor level. In turn this would require a ramp over the verge; this would upset the footpath and restrict the natural flow of water into the existing open drain, causing flooding into the garage at 87 Arabella Street. Criticises the outbuilding for being two-storeys, and requests the garage floor and roof should not exceed the existing garage for reasons of overshadowing.

Comment

Condition 5 is suggested to ensure that the pool house is not used for habitable purposes. Council’s Development Engineer has recommended conditions that include matters relating to the proposed driveway off Arundel Street and drainage, whilst Condition 15 requires the garage level to be lowered. Lowering the garage level would reduce the ceiling height of the pool house. Issues in relation to the height and number of storeys of the outbuilding have been discussed previously and both are reasonable.

Previous discussions in relation to solar access confirm that the overshadowing from the revised garage structure would not have an adverse impact upon the rear yard of the objectors property.

ix) Path

The objector requests the path parallel to the southern side boundary should follow the existing ground line to provide privacy to the adjoining dwelling-house.

Comment

The applicant has responded to this concern by confirming that apart from a 2-3m section, the proposed pathway would follow, or be below the existing ground level. In the section where it would be raised this would be no more than 200mm above existing ground level. The applicant confirms that the existing timber paling fence would be replaced with a 1.8m high fence.

Further to the applicant’s response, the existing southern, side boundary fence is generally 1.5m high, and only achieves 1.8m where it is located over existing rock i.e. close the rear of the existing garage. Consequently the provision of a new southern, side boundary fence 1.8m high would overcome any slight increase in ground level, and hence the objectors concerns regarding potential overlooking.

x) Excavation

The concerns raised are in relation to the extent of excavation and that excavation times should be restricted to weekdays only between the hours of 7.30 am and 3.30pm.

Comment

Concerns in relation to the extent of excavation i.e. in relation to the proposed garage at the front of the dwelling-house have already been discussed. Condition (35) is imposed on all development consents involving demolition and construction work, and allows work between the hours of 7am and 5.30pm on weekdays, and 7am to 4pm on Saturdays. Condition (35) as it is always imposed has been recommended to be included in any consent.

xi) Trees

The concern is that some trees shown on the landscape plan (and which includes Council’s verge) would block sun and views from 87 Arabella Street.

Comment

The submitted landscape plan is not required to be approved, although its purpose includes confirming landscaped area. Condition 11 is recommended requiring confirmation of the site’s landscaped area as a document submitted with a Construction Certificate. Previous comments have confirmed that the outlook from the front of 87 Arabella Street to the northeast is restricted by existing trees. Whilst the owners of the subject site may plant whatever trees they wish, they must seek Council’s permission for any planting on Council’s land.

xii) Site analysis

Raised by the owners of 83 Arabella Street in relation to themes set down by the Land and Environment Court regarding residential amenity and the impacts arising from new development. The concern is that a development should address the relationship of what is proposed to the site circumstances. The criticism is that the Site Analysis Plan has only addressed the previous dwelling-house at 83 Arabella Street, not the recently completed development. The proposed development should address its potential impact on the new house at 83 Arabella Street, particularly in relation to privacy and loss of amenity.

Comment

The new dwelling-house at 83 Arabella Street was the subject of development application D175/05 and was approved in December, 2005. The subsequent Construction Certificate was issued in September, 2006. The Site Analysis Plan submitted with the development application is dated August, 2006, and this is based on a survey of the site and both adjoining properties dated June, 2006. The documents prepared were based on the site circumstances at the time. Notwithstanding this both the original and the revised plans included the footprint of the existing dwelling-house superimposed on the footprint of the proposed dwelling-house. In addition the revised plans included the profile of the existing dwelling-house on the elevations and section. The footprint and profile are reasonable measures to assess the impact of the proposed development.

xiii) Loss of privacy

This concern has been raised by both adjoining owners. The owner of 87 Arabella Street has raised a concern in relation to the proposed footpath along the southern, side boundary and this aspect has been discussed.

Both adjoining owners initially raised a concern that the elevated walkway from the rear garage could overlook their respective rear yards, whilst the owner of 87 Arabella Street requested that this link bridge should be deleted. The link bridge has been deleted and replaced with exterior stairs.

In relation to the garage, the owners of 83 Arabella Street requested that a window on the northern side of the garage should be deleted to address overlooking of the rear yard. In addition the same owners continue to be concerned by the potential loss of privacy from the rear first floor level terrace because their rear yard and a bedroom could be overlooked, and as it would be opposite a bedroom, it could also be aurally intrusive. Further, these same owners are concerned that the proposed terrace at the roof level has walls on its rear, and northern side, high enough and solid enough, to address noise and increase privacy so as to prevent viewing into bedrooms on the southern side.

Comment

The outlook from the window on the northern side of the garage would now be impaired by the masonry wall recently constructed along the common side boundary to 83 Arabella Street. Condition 4 is suggested requiring a privacy screen on the landing of the garage stairs. Condition 6 is suggested requiring a privacy screen along the northern side of the rear first floor level terrace. Condition 2 is suggested requiring the roof level terrace to be deleted. Condition 8 is also suggested requiring the louvres on the southern side of the first floor level bathroom and ensuite windows to be fixed. The other windows at this level towards the rear are highlight windows and should not affect the privacy of the owner of 87 Arabella Street.

Consequently a combination of changes to the revised design, and conditions included in the recommendation to this report, can address privacy concerns.

xiv) Loss of amenity

Light spillage and glare from the glazing on the north elevation could affect the first floor level bedrooms on the southern side of 83 Arabella Street.

Comment

The applicant has confirmed that lighting to be provided to the stairs on the northern side at each floor level would be “task focused lighting that will have very little light spill.” In addition the applicant also confirms that there would be fixed external louvres to prevent any possible reflection onto the neighbouring property, and that there would no light spillage from the parents retreat (at the northeast wing) as the north facing window would be provided with fixed louvres.

Condition 10 is suggested to ensure that internal lighting does not project in a northerly direction. Condition 9 requires a tree to be planted on the northern boundary of the subject site in front of the first floor level bedroom window located facing the proposed staircase so as to reduce the adverse effect of light spillage. Other conditions are recommended to address loss of privacy and potential light spillage from the parents retreat.

Summary

Some of the concerns raised can be addressed by conditions particularly those that would help to reduce the impact of the proposed development in terms of potential overlooking and light spillage. Some other concerns have been addressed by changes to the revised plans, or else are not considered significant enough to warrant further design changes, or the refusal of the application.

MATTER ARISING

The revised plans have sought to address Council’s written request for clarification of proposed fences and retaining walls. Details of walls on the site’s northern, side boundary have been included on the revised plans. However, this work has been approved under a recent amendment to the development consent for the new dwelling-house at 83 Arabella Street. As a boundary wall has now been built along the common boundary between the site and 83 Arabella Street, the details on the revised plans do not need to be considered.

CONCLUSION

This application involves the demolition of an existing single storey dwelling-house and a detached garage at the rear of the site, and revised plans for a two-storey dwelling-house over a basement level garage that requires a new driveway to also allow access from the front, i.e off Arabella Street. The site’s existing driveway from the rear off Arundel Street would be upgraded and widened to provide access to a replacement single garage and an adjoining car space. This outbuilding on the rear boundary would take advantage of the fall from the rear boundary by including a pool house under the parking area. A swimming pool is proposed adjacent to the pool house. The proposed works also include boundary fences and retaining walls.

The original application drew objections from each adjoining owner, and both owners have raised concerns with the revised plans. Some of the concerns raised can be addressed by conditions so as to reduce any potential adverse impacts, particularly in relation to overlooking and loss of amenity, or are not so significant that the proposal would require further revision, or refusal.

Although the revised plans do not fully comply with the requirements of Council’s Code, none of the departures are significant.

Only one concern arises from the proposal in relation to a roof top terrace. Condition 2 recommends that this feature should be deleted.

Matters in relation to s.79C considerations have been satisfied and the proposal would satisfy the objectives of the Residential 2(a2) Zone. Overall the development would be reasonable. Therefore the application is recommended for approval.

RECOMMENDATION

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D105/07 for the demolition of a dwelling-house and garage, and the construction of a two storey dwelling-house over a basement garage; a detached garage, a car space and a pool house; a swimming pool; front, rear and side boundary walls and retaining walls, on Lot 19 DP1284, and known as 85 Arabella Street, Longueville, subject to the following conditions:-

Plans

1. (20) That the development be strictly in accordance with drawing numbers A100-106, Revision 2, dated August 2006 and as amended up to 26.7.07, by Altis Architecture.

Specific

2. So as not to set a precedent, the roof top/attic level terrace is to be deleted. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3. To promote public safety, by providing reasonable sight distances, the following safety measures are required:

· a 1m x 1m splay is to be provided on the northern side of the driveway off Arundel Street – no structure within this splay area is to exceed a height of 900mm above the FFL of the garage slab; and

· the height of the gates to the open car space are not to exceed 900mm above its FFL.

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

4. To address the potential to overlook the adjoining rear yard of both 83 and 87 Arabella Street, the height of the privacy screen above the level of the landing for the garage stairs is to be increased to a minimum of 1.7m. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

5. In order to control its potential use, the pool house is not to be used for habitable purposes.

6. In order to address potential overlooking across the rear yard, and into the bedroom window and its adjoining balcony at the rear of the first floor level, of 83 Arabella Street, a physical privacy screen 1.7m above the FFL is to be erected along all of the northern side of the first floor level terrace. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

7. In order to address potential overlooking from the northern window of the first floor level retreat into a bedroom window and adjoining balcony at the front of the first floor level of 83 Arabella Street, louvres fixed to point down at an angel of 45^o are to be erected. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

8. In order to address potential overlooking into the first floor family room window on the north elevation of 87 Arabella Street, the fixed louvres to the wet area windows at the first floor level are to be fixed at an angle that does not exceed 30^o. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

9. In order to reduce the potential loss of amenity caused by light spillage to a first floor bedroom window located in the centre of the southern elevation of 83 Arabella Street, a tree is to be planted in front of this window on the subject site with a minimum height of 3m at planting and that would achieve a minimum height of 6m at maturity. This tree it to be a native species that maintains foliage all year. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

10. In order to reduce light spillage from the hall and stairway at each level internal lighting is to be orientated so that it does not cause light spillage in a northerly direction.

11. A plan is to be submitted as part of a Construction Certificate that confirms that the site’s natural/soft landscaped area (as defined under Council’s Code and Development Application Checklist For Dwelling Houses, Fences, Private Swimming Pools and Outbuildings, August 2002) would not be less than 35% of the area of the site.

12. Fences adjoining the driveway off Arabella Street, and any side boundary fence, are not to exceed a height of 900mm between the building line and street frontage.

13. The door from the pool house giving access to the swimming pool must be self-closing and open away from the pool. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

14. The proposed slot opening in the rear boundary wall is to be secured so as to prevent potential access to the swimming pool. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

15. So as to maintain the existing natural stormwater flow to the north, the FFL of the rear garage and adjoining car space is to be reduced by 500mm. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

16. All metal external blinds are to have an anti-glare finish.

General

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

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

19. (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.

20. (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.

21. (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.

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

23. (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.

24. (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.

25. (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.

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

27. (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

28. (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.

29. (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.

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

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

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

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

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

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1986.

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

32. (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.

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

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

34. (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

35. 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.

d) Framework including roof and floor members when completed and prior to covering.

e) Installation of steel beams and columns prior to covering

f) Waterproofing of wet areas

g) Pool reinforcement prior to placement of concrete.

i) Stormwater drainage lines prior to backfilling

k) Completion.

36. 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;

37. (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.

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

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

40. (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

41. (64) In order to prevent any work encroaching on a neighbouring property, all new work is to be located wholly within the subject site. If any doubt is raised Council may request the submission of a survey report.

42. (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.

43. (67)

(a) The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

(b) Notwithstanding the prohibition under condition (a), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

(1) A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

(2) The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

(3) With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

(4) The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

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

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

This requirement is satisfied by:-

(a) Smoke alarms installed in—

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

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

(b) Smoke alarms complying with AS 3786.

Location – Class 1a buildings (dwellings)

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

(a) any storey containing bedrooms—

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

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

(b) any other storey not containing bedrooms.

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

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

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

48. (74) All demolition works being completed within a period of three (3) months from the date of commencement.

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

50. (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.

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

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

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

54. (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

55. (103) Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c's.

56. (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

57. (130) Compliance with the Waste Management Plan submitted under this application.

58. (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.

59. (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

60. (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

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

61. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

Landscape

62. (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.

63. (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.

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

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

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

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

68. The Argyle Apple tree at the front of the site is to be retained and protected for the duration of both the demolition and all construction activity.

69. (349b) A 1.8 m high chain mesh fence shall be erected at least 1.2 m from the trunk of the Argyle Apple tree to be protected. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

A waterproof sign must be placed on the tree protection fencing 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.

General Engineering Conditions

70. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with Council’s standards and relevant Development Control Plans except as amended by other conditions.

71. Control of Stormwater Runoff. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to the street gutter. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. 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.

72. Rainwater Reuse Tanks

The proposed Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

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

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

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

73. Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, on the private property, just prior to the stormwater connecting to the receiving system. 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, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

Engineering Conditions to be complied with Prior To Construction Certificate

74. Drainage Plans. The plans and supporting calculations of the proposed drainage system, are to be submitted with the Construction Certificate application.

Stormwater details shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS3500 and Council's DCP Stormwater Management. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

75. Pool Construction

Overland Flow around pools:

The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.

To prevent overland flows from entering the pool the coping level must be a minimum of 150mm above the adjacent finished ground level. The entire outside perimeter of the pool surround must have overland flow escape routes which will protect the pool from flooding.

76. Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

77. Excavation greater than 1m

Where there are structures on adjoining properties including all council infrastructures, located within five meters of the proposed excavation, the applicant shall:-

(a) seek independent advice from a Engineer on the impact of the proposed excavations on the adjoining properties

(b) detail what measures are to be taken to protect those properties from undermining during construction

(c) provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties

(d) provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a practicing engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works.

The above matters are to be completed and documentation submitted to Council PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

All recommendations of the Geotechnical Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

78. 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.

79. 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.

80. 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, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

81. 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

82. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

83. Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved.

84. Works on Council Property. Separate application shall be made to Council's Urban Services Division for approval to complete, to Council's standards and specifications, any associated works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

85. 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.

86. 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’.

87. 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

88. Construction of Residential Driveway Crossing. A full width residential duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3m 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.

89. Certificate of Satisfactory Completion. Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters. The plumber, builder 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 issue of any Occupation Certificate.

1) Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with 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 system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management.

3) All works have been completed in accordance with the issued Construction Certificate and conditions of this determination.

If Council is appointed the Principal Certifying Authority 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	2 Pages
AT‑2 View	Neighbour Notification Plan	1 Page

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