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Agenda

Inspection Committee Meeting

2 February 2008, 8:30AM


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection Committee Meeting, to be held on site Saturday, 2 February 2008 commencing at 8:30AM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

 

Important Information

 

The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal.  It is appropriate that any debate and decision take place at a Council Meeting, not onsite.

 

Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.

 

The Committee is governed by Council’s Code of Meeting Practice, and no recording of the meeting is allowed.

 

Committee Meeting Procedures

 

The Inspection Committee Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Items referred to the Committee are referred to a Council or Committee Meeting for determination. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

 

 


Inspection Committee 2 February 2008

 

TABLE OF CONTENTS

 

 

 

 

 

1.       8.30am - Environmental Services Division Report No. 48

SUBJECT: 10 Second Avenue Lane Cove

  

2.       9.00am - Environmental Services Division Report No. 523

SUBJECT: 52B Cliff Road, Northwood............................................................. 17

 

 3.      9.45am – MEMO from EXECUTIVE MANAGER-ENVIRONMENTAL SERVICES

SUBJECT: 6 Wharf Road, Northwood …………………………………………... 27

 

 

       


Inspection Committee Meeting 2 February 2008

 

Environmental Services Division Report No. 48

 

 

 

 

Reference:    Environmental Services Division Report No. 48

Subject:          10 Second Avenue Lane Cove    

Record No:    DA07/323-01 - 3486/08

Author(s):       Kristy Wellfare 

 

 

Property:                     10 Second Avenue Lane Cove

 

DA No:                         D323/07

 

Date Lodged:              23 October 2007

 

Cost of Work:              $46,000.00

 

Owner             :                       B C Hall & S C Scanlan

 

Author:                         Kristy Wellfare

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a swimming pool

ZONE

Residential 2(a1)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is permissible within the zone

IS THE PROPERTY A HERITAGE ITEM?

The property is not listed as a heritage item

IS THE PROPERTY WITHIN A CONSERVATION AREA?

The property is not located within a conservation area

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

The provisions of DCP1 apply to the property

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

Yes, 51 days

NOTIFICATION

Neighbours                   8, 11, 12 and 13 Second Avenue

Ward Councillors         East Ward

Progress Association   Osborne Park Progress Association

Other Interest Groups  Lane Cove Bushland and Conservation Society

 

REASON FOR REFERRAL:

 

This application is being referred to the Inspection Committee as it has been called by Councillor Tudge given the concerns of the applicant.

 

EXECUTIVE SUMMARY:

 

The development application is for the construction of a swimming pool which has been assessed against Council's Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings and involves a number of non-compliances with the Code in terms of:

 

§ setback from neighbouring dwelling houses,

§ setback from side boundaries, and

§ maximum height.

 

Council has requested amendments to the plans which would result in compliance with the maximum height and side setback controls, and the applicant has declined to amend the proposal. It is recommended that the application be approved, subject to design change conditions requiring an increase in the side setback by at least 400mm, and a lowering of the pool body by 400mm which would result in compliance with Council's height and side setback controls.

 

SITE:

 

The site is located on the southern side of Second Avenue, between Panorama Road and Osborne Road. The site is 759.5sqm in area, 53.99m in depth and features 14.865m oblique boundaries to Second Avenue and to Lane Cove Bushland Park to the rear. The site falls substantially to the rear, with a relief of 6.79m, and the rear yard has been landscaped into distinct terraces. The site features several mature trees to the middle and lower terrace levels as well as at the front of the site.

 

Existing development on the site features a two storey masonry and tile dwelling house which is currently undergoing renovation work approved under D395/02. Adjoining properties feature dwelling houses of similar construction.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The applicant seeks consent for the construction of a concrete swimming pool which is set in-ground at ground level to the northern end and continues at the same level as the land falls away, resulting in a maximum height of 2200mm at the southern end.

 

PREVIOUS APPROVALS:

 

D395/02: Alteration and additions. Approved under Delegated Authority on 19 March 2003

 

HISTORY:

 

A meeting was held on site on 5 December 2007, with Council's tree assessment officer and the Manager of Assessments in attendance. Following that site inspection, Council's advice of 20 November regarding the proposal's non-compliance was confirmed and Council suggested amendments to the plans which would result in compliance with the controls as follows:

 

1.       Increase the setback from the side boundary by at least 400mm: this would result in at least 900mm setback from the boundary to the pool concourse and would increase the setback from edge of the concourse to the neighbouring dwelling house.

2.       Lower the level of the pool by at 400mm: this would decrease the maximum height of the pool to 1800mm which would not only comply with the maximum height control; it would reduce the required side setback to 900mm and, subject to the amendment required in point 1 above, would comply with the side setback control.

 

The applicant has declined to alter the plans as requested, and the assessment of this development application is based on the plans submitted to Council on 23 October 2007.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (759.5m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

As approved

 

No change

Soft Landscaped Area            (min)

68%

35%

Yes

Side Boundary Setback (min)

As approved

 

No change

Overall Height (m)       (max)

As approved

9.5m

No change

Ceiling Height (m)       (max)

As approved

7.0m

No change

No of Storeys

As approved

2

No change

Building Line    (max)

As approved

 

No change

Foreshore Building Line            (min)

As approved

 

No change

Cut and Fill      (max)

As approved

1m

No change

Deck/Balcony width    (max)

As approved

3m (if elevated by >1m)

No change

Solar Access  (min)

As approved

3 hours to north elevation

No change

NaTHERs Rating        (min)

Not applicable

Min 3.5 stars

Not applicable

 

SWIMMING POOLS

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

Approximately 2.3m

3m

No

Setback from boundary if concourse is <500mm above natural ground level  (min)

Not applicable

900mm -         from internal face of pool

450mm            from edge of concourse

Not applicable

 

Setback from boundary if concourse is >500mm above natural ground level  (min)

500mm from edge of concourse

900mm from edge of concourse

No

Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space   (min)

11m from rear boundary

1:1 setback measured from concourse edge

Yes

Height (max)

2200mm

1800mm

No

Setback if height is >1800mm (min)

500mm

1:1 setback measured from concourse edge – 2200mm

No

Screening of facade where > 1.0m above ground level?

None proposed

Screening required

No

 

REFERRALS:

 

Manager Urban Design and Assets

 

The proposal was referred to Council's Development Engineer for assessment. No concerns were raised in respect of this development, subject to conditions.

 

Manager Bushland

 

Council's Bushland Manager has raised concerns throughout the assessment process regarding the access to the property during construction and excavation works. Upon the request for further information pertaining to the access of machinery to the back of 10 Second Ave to construct the swimming pool, the applicant provided the following information:

 

·      The size of the machinery that will be used to excavate the pool area will be approximately 1.50 ton excavator – e.g. a KabotaKX121.

·      Entry and Exit Points will be at the southern boundary (through the track in the reserve) for the digger and on the western side of the site through to the front (northern end) for excavated materials. 

·      Access for the digger will be a SINGLE RETURN journey only, with the intention to reinstate any damage to the bushland.

·      Excavated materials will be removed by small dingo type machines and loaded onto trucks at the front of the property for immediate removal.

 

In response to this information, Council's Bushland Manager had the following concerns:

 

Access through Bushland Park is not permitted for a number of reasons. Bushland Park is zoned as Open Space (6)b Bushland which has good quality remnant urban bushland.  Council manages these reserves for the benefit of the whole community and the natural environment.  Furthermore the whole of Bushland Park is declared a Wildlife Refuge under the National Parks & Wildlife Act 1994, and classified as Threatened Ecological Community under the Threatened Species Conservation Act 1995.  This means that any action that is to be considered under either of these Acts must not contribute to further environmental degradation of the park, or insinuate further actions which will amplify any impact. 

 

It is estimated that from the Osborne Rd entrance to the property through the Park it is approximately 120m with a number of steps, narrow paths and fragile slopes.  To take a machine through this area would create slope instability, destroy understorey vegetation, damage tree roots, damage tree trunks, and damage the fragile soil which harbours fungi spores and fruit - some of which are listed as vulnerable or endangered under the Threatened Species Conservation Act 1995.  The environment where fungi grow is extremely fragile and is difficult to manage due to their generally microscopic nature.  Damage to the vegetation and soil may impact fungi, but to measure that impact is near impossible in this situation. 

 

Illegal activities in the past have shown that movement of machinery through bushland, even once, has impacted an area so much that years later the impact is still seen and managed.  The cost to repair damage to vegetation is often underestimated with Council having to endure further costs years after the damage has been done.  The good condition of the bushland has involved decades of bush regeneration in Bushland Park, with the high amount of time and money going often unnoticed by the general community. 

 

This reserve is not designated for private access for neighbouring properties. Neighbours have no legal right to be granted access over Council reserves for building works and there are alternate arrangements that can be made to construct the pool without using the reserve.  If the applicant is able to remove soil through the front of the property using a smaller machine, then a suitably sized excavator can access the backyard from the front of the property as they are only allowed to access the backyard from the front of the property. 

 

Council's Bushland Manager has requested further additional documentation confirming that they will not use Bushland Park to access their backyard for any machinery prior to the determination of this application, and, based on the information currently available, the application will not be supported. It is considered that a condition requiring the approval of a comprehensive Work Plan prior to the release of the Construction Certificate would achieve the same objective without further delay to the assessment of the application. A condition to that effect has been included in the recommendation of this report.

 

Rural Fire Service

 

The proposal was referred to the NSW Rural Fire Service for comment. No concerns were raised in respect of the application and no conditions were required.

 

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

 

The proposal is for the construction of a swimming pool, which is ancillary to the main residential dwelling house on the site. Dwelling houses are permissible in the Residential 2(a1) zone in accordance with Clause 9(3) of the Lane Cove LEP 1987. The proposal accords with the objectives of the zone and raises no issues with regard to the provisions of the Lane Cove LEP1987.

 

DEVELOPMENT CONTROL PLANs

 

Development Control Plan No 1 – Control of Development Adjacent to Bushland

 

The proposed swimming pool is located wholly within the Building Area on the site and does not encroach on the buffer area as defined by the policy. The original proposal was submitted without the landscape plan as required by DCP1. This plan was submitted to Council on 21 December 2007 for assessment and no concerns were raised in relation to the landscape plan. The proposal did not include any information regarding the proposed finish for the exposed underside of the pool shell between the ground level and the pool concourse. A condition has been included in the recommendation of this report requiring that this area be appropriately finished and screened in order to harmonise with the natural environment in accordance with the plan.

 

As noted in the Bushland Manager's comments above, concerns were raised regarding the manner by which machinery and excavated material would be passed through the site and transported to and from the site. The applicant submitted further information on 9 January 2008 regarding the site management during the works, particularly during excavation, which proposed access through the reserve to the rear and does not accord with the requirements of the DCP. Conditions have been included in the recommendation of this report prohibiting access to the property via the reserve to the rear and requiring the submission of a comprehensive Work Plan outlining the site access and management during construction given the prohibition on access from the reserve. The proposal, as recommended, is considered to accord with the objectives of the plan and raises no further issues in this regard.

 

Some limited access for construction is available down the sides of the property.

 

Other Planning Instruments

 

State Environmental Planning Policy No 19 – Bushland in Urban Areas

 

The site is immediately adjacent to land which is zoned "Bushland B" under Lane Cove LEP 1987. The proposal has been assessed with regard to the provisions of SEPP 19 and, subject to conditions, is considered to be satisfactory in this regard.

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the site history of the site and adjoining sites indicates a history of residential development. The proposal does not raise any concerns in relation to SEPP55 and further investigation is not required in this instance.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The application was accompanied by a BASIX Certificate and the commitments required to be noted at the development application stage are shown on the accompanying plans. The proposal therefore satisfies the policy and raises no further issues in this regard.


 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The proposal raises no issues in this regard.

 

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

 

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

Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings: Section 5 - Private Swimming Pools and Spas

 

The proposal does not comply with the following provisions within Section 5 of the Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings:

 

a.         Setback to neighbouring dwellings

 

The plans submitted with the application do not dimension the setback from the proposed pool to the neighbouring dwelling at 8 Second Avenue; however this setback has been scaled at approximately 2.3m and does not achieve the required 3.0m setback. The supporting information accompanying the application states that the setback is acceptable, as the pool level would be at or near the ground level at the part closest to the neighbouring property and will be appropriately screened. It should be noted that no privacy screening has been applied for as part of this application.

 

c.         Setback to side boundaries for swimming pools more than 500mm above the existing ground level

 

The proposal involves a 500mm setback from the edge of the concourse to the property boundary, and 900mm from the boundary to the water. As the pool is greater than 500mm above the natural ground level for much of its length, the pool is required to be setback from the common boundary by at least 900mm to the edge of the concourse and the proposal does not comply with this control.

 

d.         Maximum height

 

The proposed swimming pool would be a maximum of 2200mm above ground level at its highest point, with a side setback of 500mm. Whilst Section 5d of the Code for Dwelling Houses, fences, private swimming pools and outbuildings states that the maximum height of the concourse shall not exceed 1800mm above natural ground level at any point, this part does allow for situations where part of the pool structure is greater than 1800mm above natural ground level, provided that an appropriate setback  from the property boundary of 1:1 is maintained. In this instance, a 2200mm setback from the side boundary would be required which is substantially greater than the 500mm proposed.

 

As demonstrated above, the pool is substantially non-compliant with respect to a number of Council's controls. Council has requested that the side setback be increased by at least 400mm and that the pool itself be lowered by 400mm. If these design changes were implemented, the proposal would comply with the side setback and height requirements and the setback from the neighbouring dwelling would be increased to approximately 2700mm which would present a more favourable case for the variation of the setback requirements to neighbouring dwellings.

 

The applicant has provided the following reasons in seeking Council’s variation to the controls:

§ concern regarding the impact of any additional excavation on the trees in the immediate vicinity

§ a desire to avoid the creation of "dead space" within a compliant side setback

§ a desire to install the pool at the ground level of the uppermost portion of the rear yard for aesthetic and safety reasons

§ the slope of the site does not allow the installation of the pool at ground level

§ the pool will be appropriately screened from neighbouring dwelling house

 

Council's tree preservation officer was present during a site inspection and was consulted regarding any potential impact that might arise from a lowering of the proposed pool in the upper tier of the rear yard by 400mm. Due to the amount of fill present and the tiered nature of the rear yard combined with the difference in level between the site and the neighbouring site at 8 Second Avenue, it was not considered that lowering the pool by 400mm would impact upon the existing trees on the site or surrounding sites. It is not considered that sufficient justification for the proposed non-compliance with the site setback and maximum height controls has been provided and it is therefore considered appropriate that conditions be included in the recommendation of this report requiring that the pool be lowered by 400mm and the side setback be increased by at least 400mm.

 

e.         Screening of Pool

 

Although the proposal would result in a pool façade of greater than 1.0m above natural ground level for part of its length, the proposal does not include any screening/landscaping of the pool's elevation. It is considered that this may be addressed by way of a condition of consent and is acceptable in this regard.

 

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

 

No submissions were received in response to the notification of the development application. 

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal complies with the objectives of the Lane Cove Local Environmental Plan 1987, and, subject to conditions, would not result in any adverse impacts for the locality and is not considered to be contrary to the public interest. The matters in the DOP Guidelines in relation to Section 79C considerations have been satisfied. Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Council as the consent authority grants development consent to Development Application No D293/07 for the construction of a swimming pool on lot 68 Do 19003 at 10 Second Avenue Lane Cove, subject to the following conditions:-

 

1.       That the development be strictly in accordance with the details set out in the following table and on the application form and on any supporting information received with the application except as amended by the conditions specified hereunder.

 

Document

Prepared by

Number

Dated

Site Plan

Premier Pools

KA 5022-1

Sept 2007

Plan and sectional elevation

Premier Pools

KA 5022-2

Sept 2007

Sectional elevations

Premier Pools

KA 5022-3

Sept 2007

Landscape Plan

Premier Pools

MLS 5022-4A

Sept 2007

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)         The side setback from the swimming pool to the common side boundary between the subject site and 8 Second Avenue shall be increased to at least 900mm.

b)         The swimming pool shall be no more than 1800mm above natural ground level at any point.

c)         The pool shell between ground level and the pool concourse shall be appropriately finished and screened to harmonise with the natural landscape.  Any exposed undercroft is to be painted a dark recessive colour.

 

The amendments are to be provided prior to the issue of a Construction Certificate.

 

3.         Access to the site for all vehicles and machinery associated with the development must be gained via the Second Avenue frontage. Access through Lane Cove Bushland Park is prohibited.

 

4.         A Comprehensive Work Plan must be approved prior to the issue of the Construction Certificate. The Work Plan must outline how all vehicles and machinery will access the site in light of condition 3 above, including entry and exit points, and details of the site management during excavation and construction works, including Stormwater and Sediment Control Plans in accordance with DCP1.

 

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

 

6.         The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·           Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

7.         Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

8.         An Occupation Certificate being obtained from the Principal Certifying Authority before the swimming pool is filled.

 

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

 

10.       A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

11.       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 1926-1976, "Fences and Gates for Private Swimming Pools".

 

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

 

12.       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".

 

13.       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".

 

14.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         Pool reinforcement prior to placement of concrete.

b)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

c)         Stormwater drainage lines prior to backfilling

d)         Completion.

 

15.       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;

 

16.       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.

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.       An approved type of hoarding being erected along the street frontage.

 

21.       Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

22.       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.

 

23.       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.

 

24.       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.

 

25.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

Engineering Conditions

 

General Engineering Conditions

26.       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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

27.       Pool Construction

Connect to existing system Stormwater

            The stormwater runoff from the any new impervious areas surrounding the pool shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

 

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.

 

28.       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.

 

29.       Excavation greater the 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.

 

30.       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.

 

31.       Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices shall be maintained during the construction works and replaced where considered necessary.

 

The following details are to be included in drawings accompanying the Erosion and 

Sediment Control Plan:

 

·     Location and design criteria of erosion and sediment control structures,

·     Site access point/s and means of limiting material leaving the site

·     Means of diversion of uncontaminated upper catchment around disturbed areas

·     Procedures for maintenance of erosion and sediment controls

·     Details and procedures for dust control.

 

Engineering Conditions to be complied with prior to Commencement of Construction

 

32.       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.

 

33.       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. 

 

34.       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.

 

35.       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.

 

36.       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’.

 

37.       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

 

38.       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 any new element of the drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

 

2)         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

 

 

       

 

 


Inspection Committee Meeting 2 February 2008

 

Environmental Services Division Report No. 523

 

 

 

 

Reference:    Environmental Services Division Report No. 523

Subject:          52B Cliff Road, Northwood

Planning and Building Committee at its meeting on 17 December 2007 resolved that the matter be referred to the Inspection Committee meeting to be held on 02 February 2008.   

Record No:    DA98/287 - 36967/07

Author(s):       May Li 

 

 

Property:                                 52B Cliff Road, Northwood

 

DA No:                                     287/1998

 

Date Lodged:                          20 September 2007

 

Cost of Work:                          $650,000.00

 

Owner             :                                   I H Rozenauers

 

Author:                                     May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 Modification Application to Development Consent No. 287/1998 for a redesign of the dwelling house and the above ground swimming pool

ZONE

2(a2) - 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?

Yes

BCA CLASSIFICATION

Class 1a & 10b

STOP THE CLOCK USED

Yes – 15 days

NOTIFICATION

Neighbours:

46, 48A, 48, 50A, 50, 52, 56, 56A, 56A, 56B Cliff Road, Northwood

 

Ward Councillors:

Councillor Hassarati, Freedman, & Smith

 

Progress Association:

Lane Cove Bushland & Conservation Society

 

 


REASON FOR REFERRAL:

 

The Section 96 Modification is reported to Council because the development application was determined at the Ordinary Council Meeting on 16 October 2000. 

 

EXECUTIVE SUMMARY:

 

The Section 96 application seeks Council’s consent to modify conditions of the Development Consent No. 287/1998 relating to the design of proposed dwelling house, the floor space ratio, and the location of the proposed swimming pool.

 

-           The proposed FSR is 0.54:1 (0.5:1 approved)

 

-           Extending the length of the northern wall of the dwelling house by 1m toward the eastern boundary (the edge of the eastern cliff)

 

-           Relocation of the above ground swimming pool toward the edge of the eastern cliff.

 

-           Increasing the finished level of the deck of the above ground swimming pool by 1.35m from RL 23.5m to RL24.85m.

 

SITE:

 

The subject site is a battleaxe block located at the south-eastern side of Cliff Road, Northwood.  The site slopes steeply away from Cliff Road and incorporates two cliff faces to the western and eastern ends of the site.  A dwelling house on the site is under construction.  Adjoining properties include:

 

-           Gore Creek Reserve to the east of the site

-           A single storey dwelling house at 50A Cliff Road to the north of the site

-           A vacant lot located at 52C Cliff Road to the south of the site; and

-           A two storey dwelling house located at 52A to the west of the site.

 

The owner of the subject site owns two of the adjoining properties at 52A and 52C Cliff Road.  Other surrounding developments comprise a mixture of single and two storey dwelling houses.

 

Notification Plan attached (AT1).

 

DEVELOPMENT HISTORY:

 

10 November 1998

 

Development Application No. 287/1998 for construction of a two storey dwelling house with basement carpark and storage area and an above swimming pool was lodged with Council.

 

2 February 2000

 

The development application was refused under delegated authority for the following reasons:

 

1.         The proposal contravenes the objectives of the Lane Cove Local Environmental Plan 1987.

2.         The proposal contravenes Council’s Building Policy Code.

3.         The proposal is an overdevelopment of the site.

4.         The proposal will have a detrimental effect on the amenity of the neighbourhood.

5.         The proposal contravenes State Environmental Policy No. 56.

6.         The public interest.

 

2 March 2000

 

A Section 82A Review application was lodged with Council.

 

24 October 2000

 

The development application was conditionally approved by Council.

 

22 March 2002

 

An Order was issued by the Land and Environment Court to amend Condition No. 3(a) and 3(c) of the development consent relating to the requirements for dilapidation reports and the indemnity insurance requirements for the proposed works.

 

The comparison of the FSR and the pool deck level is summarised in the following table:

 

 

Original DA proposal

S82A proposal

Development consent

S96 proposal

FSR

0.64:1

0.53:1

0.5:1

0.54:1

Pool Deck Level

RL24.7

RL23.5

RL23.5

RL24.85

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (663.8m2)

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.54:1

0.5:1

No

Soft Landscaped Area            (min)

No change to the original proposal

35%

N/A

Side Boundary Setback (min)

1m

1.5m

No

Overall Height (m)       (max)

7.7m

9.5m

Yes

Ceiling Height (m)       (max)

6.9m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

N/A

N/A

N/A

Cut and Fill      (max)

3.2m

1m

No

Deck/Balcony width    (max)

6.5m

3m (if elevated by >1m)

No

Solar Access  (min)

More than 3 Hours

3 hours to north elevation

Yes

 

 


SWIMMING POOL

 

 

PROPOSED

CODE

COMPLIES

Distance of concourse Edge to Neighbour’s House  (min)

7m

3m

Yes

Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space   (min)

The concourse of the pool is 2.5m above the natural level.  It has a setback more than 1:1 to Gore Creek Reserve

1:1 setback measured from concourse edge

Yes

Height (max)

1.5-2.5m

1.8m

No

Setback if height is >1800mm (min)

1m

1:1 setback measured from concourse edge (2.5m required)

No

Screening of facade where > 1.0m above ground level?

Screen planting is sufficient to the eastern boundary

 

No screen planting is proposed at the northern boundary.  However, any screen planting on the northern boundary will further obscured the view of the adjoining property at 50A Cliff Road, Northwood

Screening required

Yes

 

 

 

 

No

 

Copy of the proposed plans attached (AT2).

 

REFERRALS:

 

Manager Urban Design and Assets

 

The Section 96 proposal has been referred to Council’s development engineer for comment.  No objections were raised and the following additional conditions are recommended to be imposed:

 

Excavation greater the 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 suitably qualified 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 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.

 

Manager Open Space

 

The Tree Assessment Officer has advised that the owner of the property has established mulched garden areas and planted a variety of native tree species at the rear of the site along the back boundary line and on the top of the ridge.  These garden beds and the trees planted would screen the pool area as the plants mature from Council’s reserve and the waterway.  No objections are raised to the proposed Section 96 application.

 

Rural Fire Service

 

The subject site is located within Bush Fire Prone Land and the proposal was referred to NSW Rural Fire Service for comment. 

 

The NSW Rural Fire Service recommended that the following conditions to be imposed in the conditions of the development consent:

 

Design and Construction

 

1.         Construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for Bush Fire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

 

a)         The building is required to be upgraded to improve ember protection.  This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  This includes any sub floor areas where applicable and eaves. 

 

b)         Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

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

 

The Section 96 proposal does not alter the compliance of the development with the aims and objectives of the Lane Cove LEP 1987.

 

Other Planning Instruments

 

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

 

The Section 96 application seeks Council’s consent for a redesign of the approved dwelling house and the swimming pool.  As indicated in the compliance table, the design of the dwelling house does not comply fully with the requirements of the Code.  A number of the variations, such as boundary setbacks have been approved by Council in determining the original proposal.

 

 

 

Floor Space Ratio

 

The floor space ratio proposed is 0.54:1 and the gross floor area of the proposal is approximately 24m2 in excess the maximum permitted floor area.  This calculation excludes the basement area of 184m2  as it is less than 1.5m above ground level.  The Council in considering the original proposal required compliance with the 0.5:1 floor space ratio.  This requirement is reaffirmed.

 

Swimming Pool

 

A swimming pool concourse and deck was approved in the original proposal.  The Council required that the structure be located at RL23.5.  The applicant seeks to increase the height to RL24.85. 

 

The pool has been redesigned and located further towards the edge of the eastern cliff.  On the northern side, it ranges in height from 1.5 to 2.5m above the natural ground level and the decking area of the swimming pool is 1m from the northern boundary.  It is considered that the pool at the proposed level would create an overlooking impact to the adjoining neighbour at 50A Cliff Road, who have objected to the proposal.

 

The decking area and the swimming pool would be clearly visible from the living room and the southern balcony of the dwelling house at 50A Cliff Road.  Any privacy screens for the swimming pool area would cause a loss of views currently enjoyed from this property to Gore Creek. 

 

The applicant states that if the pool area is lowered it would result in the proposed residence, the pool and the terrace being unworkable.  The resultant change would make the basement level unusable - (no head room), or there would need to be excavation at the cliff edge to accommodate the pool and further excavation was objected to by the objectors.

 

Officer’s Comment

 

Stepping the pool and deck to the level required would result in additional excavation and also would reduce the basement area.  The area under the deck is designated pool plant and storage.  The basement area is substantial and remains available for storage and pool plant.

 

The Statement of Environmental Effects lodged with the Section 96 application states that the dwelling house has been redesigned to meet the applicant’s engineering advice.  The gross floor area of the basement has been changed from 138m2 to 184m2 and basement has been located further toward the eastern boundary of the site.  The orientation of the swimming pool has been rotated by 90° parallel with the northern boundary of the site. 

 

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

 

This has been dealt with in the preceding section.

 

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

 

The Section 96 proposal was notified in accordance with Council’s notification policy.  Three submissions were received in response to the notification of the development application.  The issues raised in the submissions can be summarised as follows.


 

50A Cliff Road, Northwood

 

·          The height of the pool deck above ground level and the non-compliance with the Foreshore Building Line.

 

The pool deck was originally proposed at RL24.7 (ground floor level was RL24.85) but this was amended and eventually approved at 23.5.  The main reasons for lowering the pool deck by 1.2m were its excessive height above ground level and the loss of views and privacy to No.50A Cliff Road, which obtains views across this area towards Woolwich and Balmain, including the Lane Cove and Parramatta Rivers. 

 

The S96 modification proposes to increase the height of the pool deck again, to RL24.85.  This is a  concern due to the potential for loss of view and privacy. 

 

Officer’s Comment

 

This objection is supported.  It is considered that the pool deck should be reduced to the approved level to maintain views and privacy to the adjoining property. 

 

In relation to the variation to the foreshore building line, Council has previously accepted variation to the foreshore building line for the deck/ pool structure.

 

·          The bulk and scale of the dwelling that included an extremely large basement area, storeroom and plant room that was excluded from the floor space ratio calculations.

 

The proposed S96 modification increases the overall floor space, which is again of concern given the size of the proposed dwelling and the size of the proposed basement which is not included in the FSR.  The basement area has been moved further to the east, closer to the cliff edge down to Gore Creek, yet and there is no information provided as to whether this requires increased excavation in this area, or a further geotech report in relation to this change. 

 

Officer’s Comment

 

The basement level of the proposed development is 1.5m lower than the natural ground level.  The basement level is not included in accordance with Council’s Code for Single Dwelling Houses.

 

·           Side setbacks

 

The proposed modification provides only 1.0m setback from the northern boundary that adjoins to No.50A Cliff Road.  Council’s Code requires a 1.5m setback for two storey dwellings.  As the modifications make a number of changes in siting, including increasing the extent of the basement area along this boundary (and the excavation associated with the basement), we consider that the dwelling should be designed to comply with the 1.5m setback. 

 

Officer’s Comment

 

The setbacks proposed for the dwelling house are in accordance with the plans approved by Council in 2000.


 

48 Cliff Road, Northwood

 

·           The pool deck

 

The extensions proposed, particularly to the pool deck, will add to the adverse environmental aspect of the building when viewed from Gore Creek Reserve, Lane Cove River and Greenwich.  We ask that height poles and templates should be erected to allow proper assessment.

 

Officer’s Comment

 

Height poles were previously requested for the Section 82A Review assessment.  The concerns of the height of the pool deck were considered in the previous Section 82A Review application and the pool deck level was conditioned to be at RL23.5.  Given the changes in level of the site and the location of the building works, it is not considered that the proposed rear pool and deck at RL 23.5 will be detrimental to the bushland area.  Council’s Tree Management Officer has not raised objection to the proposal.

 

·          It is not clear whether further excavations will be required, and we are concerned that our property could be affected.

 

Officer’s Comment

 

The subject site does not share any boundary with No.48 Cliff Road, and two properties are separated by No. 50A Cliff Road.  Excavation for the proposed development would be unlikely to create any impact to the structural conditions of the dwelling house at 48 Cliff Road.

 

54 Cliff Road, Northwood

 

There is no “existing” 1000mm high guard wall on the driveway

 

Drawing 0710 CC 1.01A has a note stating “Existing safety guard wall 1000mm high to driveway – (not shown on plan)”.

 

We object to this notation calling up a 1000mm high wall as “existing” as there is no wall and there has never been an existing wall on the edge of the driveway slab which slab was only concreted recently.

 

Officer’s Comment

 

No details of the guard wall have been provided and this aspect of the proposal is to be deleted from the plans at Construction Certificate stage.

 

CONCLUSION

 

The assessment of the Section 96 application has been carried out in accordance with the requirements of Sections 79C and 96 of the Environmental Planning and Assessment Act 1979.  It is considered that the increasing of the pool deck level would create an adverse impact to the amenity of the adjoining property and the proposed floor space ratio should be reduced to comply. These two issues are to be addressed by the draft conditions of approval.


 

RECOMMENDATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, as amended, the Development Consent 278/1998 granted on  24 October 2000 for construction of a two storey dwelling house with basement garage and storage area and an above ground swimming pool at Lot 4, DP625754, known as 52B Cliff Road, Northwood is amended in the following manner:

 

(1)        Condition No.1b to be amended and read as the follows:

 

1b.      Deleted

 

(2)        Condition 1 to be amended and read as the follows:

 

1.        The proposal being amended to comply with the 0.5:1 floor space ratio, the finished level of the decking area of the swimming pool is to be at RL23.5 and the guard wall to the driveway deleted.  The plans are to be amended plans prior to the issue of the Construction Certificate.”

 

 

(3)       Condition No.10 to be amended and read as the follows:

 

“10.     (20) That the development be strictly in accordance with drawing number 0710, CC2.01B, 0710-CC2.02D, 0710-CC2.03B, 0710-CC2.04A, 0710-CC3.01B, 0710-CC3.02B, 0710-CC3.03B, and 0710-CC3.04B, dated 04.08.07, prepared by Antonio Caminiti, except where required to be modified in accordance with Condition 1.”

 

(4)        The following additional conditions be imposed in the conditions of the development:

 

41.      Excavation greater the 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 suitably qualified 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 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.

 

42.       Conditions from NSW Rural Fire Services - Design and Construction

 

Construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for Bush Fire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

 

(a)        The building is required to be upgraded to improve ember protection.  This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  This includes any sub floor areas where applicable and eaves. 

 

(b)       Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Notification Plan

1 Page

 

AT‑2 View

Proposed Plans for 52B Cliff Road

15 Pages