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Agenda

Planning and Building

Committee Meeting

4 February 2008, 8:00PM

 

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 4 February 2008 commencing at 8:00PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Rick D’Amico. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council 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 the Committee resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may attend the Meeting and address the Committee on any issue.   Speakers and Councillors will not enter into general debate or ask questions.

 

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.

 

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

 

 

 

 


Planning and Building Committee 4 February 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 17 DECEMBER 2007

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 46

SUBJECT: 51 Richardson Street West, Lane Cove

 

3.       Environmental Services Division Report No. 47

SUBJECT: 66 Kenneth Street, Longueville

 

4.       Environmental Services Division Report No. 12

SUBJECT: Delegated Authority Report - December 2007

  

 

 

 

               


Planning and Building Committee Meeting 4 February 2008

 

Environmental Services Division Report No. 46

 

 

 

Reference:    Environmental Services Division Report No. 46

Subject:          51 Richardson Street West, Lane Cove    

Record No:    DA07/127-01 - 3467/08

Author(s):       May Li 

 

 

Property:                                 51 Richardson Street West, Lane Cove

 

DA No:                                     127/2007

 

Date Lodged:                          11 May 2007

 

Cost of Work:                          $400,000.00

 

Owner             :                                   Paul Wright

 

Author:                                     May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing single storey dwelling house and construction of a part two, part three storey dwelling house

ZONE

2(a1) - Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10a

STOP THE CLOCK USED

Yes – 203 days

NOTIFICATION

Neighbours:

No. 47, 49, 53, 56, & 58 Richardson Street West, No.248 & 250 Longueville Road, No. 5 & 7 Zeta Road, Lane Cove.

 

Ward Councillors:

Councillor D’Amico, Tudge, & Lawson

 

 

REASON FOR REFERRAL:

 

This development application has been called by Councillor D’Amico and Councillor Lawson due to the concerns raised by the owners of an adjoining property relating to the building height of the proposed dwelling house.

 

EXECUTIVE SUMMARY:

 

The proposal involves demolition of an existing single storey dwelling house and construction of a part two and part three storey dwelling house. 

 

Objections to the proposed design have been raised by the owners of two adjoining properties.  Issues raised by submissions include visual impact, loss of views and over shadowing. 

 

The design of the proposed building complies with the requirements of Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings (The Code) with variations to the maximum ceiling height requirement on the east elevation and balcony width at 4.6m.  The development application is recommended for approval subject to conditions. 

 

SITE:

 

Richardson Street West, Lane Cove is a cul-de-sac street located to the east of Longueville Road.  The subject site is located at the northern side of Richardson Street West and is well vegetated.  It falls from the front to the rear by approximately 8m and has a 5m cross fall from the western boundary to the east boundary.

 

An existing single storey dwelling house is located on the site.  Surrounding developments comprises a mixture of single and two storey dwelling houses.  Site Location Plan and Neighbour Notification Plan attached AT1 and AT2.

 

PROPOSAL:

 

The proposal is detailed as the follows:

 

-           Demolition of the existing single storey dwelling house and free standing carport at the front of the property

 

-           Construction of a part 2 part 3 storey dwelling house.  The proposed dwelling house has been designed in accordance with the topography of the site and the studio on the ground level and master bedroom on the first floor has been stepped down from the entrance levels.   It contains:

 

·      A double garage, entry, bathroom, game room, studio, kitchen, meals, living, laundry, and rear outdoor terrace on the ground floor.  The finished floor level of the proposed studio is 685mm lower than the entry level. 

 

·      Three bedrooms, two bathrooms and a gallery are located on the first floor.  The finished floor level of the master bedroom is 340mm lower than the finished level of the landing and other two bedrooms.

 

·      Sub-floor area for storage area and rain water tanks.

 

Refer to the plans dated 18 July 2007 for further details. 

 

PREVIOUS APPROVALS/HISTORY:

 

Date

Application No.

Description

Decision

14/3/1994

6.1994.51.1

Old building application

Approved

22/2/2007

200/2006

Alterations and first floor additions to the dwelling house

Approved

 

The above applications are not relevant to the current development application.  The Development Consent No. 200/2006 is valid until 21 February 2012.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (818.9m2)

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5:1

0.5:1

Yes

Soft Landscaped Area            (min)

56%

35%

Yes

Side Boundary Setback             (min)

1.2m for the ground floor and 1.87m for the first floor

1.2m for single storey and 1.5m for two storey dwelling house

Yes

Overall Height (m)       (max)

8.8m

9.5m

Yes

Ceiling Height (m)       (max)

8.4m

7.0m

No

No of Storeys

2-3

2

Acceptable

Building Line    (max)

8.7m

7.5m

Yes

Cut and Fill      (max)

1m

1m

Yes

Deck/Balcony width    (max)

4.6m

3m (if elevated by >1m)

No

Solar Access  (min)

More than 3 hours

3 hours to north elevation

Yes

 

REFERRALS:

 

Manager Urban Design and Assets

 

The development proposal was referred to Council’s Development Engineer.  No objections have been raised and the development application is recommended for approval subject to conditions.  The conditions recommended by the engineer will be included in the conditions in the event the proposal is supported. 

 

Manager Open Space

 

The proposal involves removal of two trees for the construction of the proposed building.  Council’s Tree Assessment Officer has provided the following comment:

 

After the first site assessment and viewing of the proposed plans I indicated further information was required for the purpose of tree assessment. The arborist report produced by Andrew Scales of Naturally Trees provided assessment of the 2 remnant trees standing on the site and a Tree Protection Plan. This information was found to be adequate for the DA application and my assessment of the site.

 

I have no objections to the proposed development and the removal of the remnant Eucalyptus resinifera (Red Mahogany) located on the west side of the property given its age and multiple structural defects identified in the arborist report.

 

The other remnant Red Mahogany located at the front of the property must be retained and protected as per the arborist report recommendations.

 

I have no objections to the removal of the Corymbia citriodora (Lemon Scented Gum) located within the footprint of the proposed house extensions. This tree has a natural lean of approximately 15 degrees or the removal of the Box Elder tree located at the rear of the property.

 

I have concerns about the potential damage to trees located on the west boundary line of 49 Richardson Street. 2 Bullbay Magnolia trees in close proximity to the proposed house extension must be protected and conditions will be necessary to mitigate damage to the root systems of these trees.

 

No objections were raised by the Tree Assessment Officer and the development application is recommended for approval subject to conditions. 

 

The conditions recommended by the Tree Assessment Officer will be included in the conditions in the event the proposal is supported. 

 

Other (Heritage, Traffic, Waterways, Rural Fire Service)

 

Not applicable

 

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

 

The subject site is zoned 2(a1) – Residential.  The proposal is permissible within the zoning and is consistent with the objectives of the zone. 

 

Other Planning Instruments

 

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

 

The proposed development complies with the aims and objectives of the Code.

 

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.

 

Ceiling Height and Two Storeys Height

 

The proposal complies with the 9.5m maximum building height requirement of the Code.  However, it does not comply with the 7.0m maximum ceiling height requirement of the Code and has three storeys in the centre of the building due to the topography of the site sloping from the western boundary to the eastern boundary. 

 

The applicant has lodged a variation to the requirement and states:

 

·     The site has a considerable slope from the front south western corner to the rear north eastern corner, with a fall for approximately 9.5m over the 59m boundary length.  The height and bulk of the proposal has been kept as low as possible for such as sloping site. 

 

·     The proposal has also been designed with the neighbours’ concerns in mind.  The proposed first floor is designed to be at the front of the proposed dwelling to retain neighbours’ north-east view and to ensure that the potential shading from the proposal is directed to the front of the site and the front yards of the neighbouring properties, away from both neighbour’s living areas. 

 

·     Due to the site’s natural ground slope, there are some small areas where the uppermost ceiling height exceeds 7.0m and where the proposal fractional exceeds two stories in height according to the definitions of the Lane Cove Code.  However, the proposed dwellings maximum overall height is well within Council’s maximum height allowance of 9.5m. 

 

·     It should be noted, that the first floor on both the eastern and western sides are stepped in from the ground floor to allow for a change in external finishes and vertical articulation of the external walls thus providing relief to the elevation of the these walls.  The proposed eastern and western walls will also have different but complimentary colour finishes to improve the visual effect of this elevation.

 

·     Despite the constraints that the property presents us with in regards to this design, to meet the concerns of Council regarding the height of the proposed wall on the eastern side of the dwelling, we have reduced the overall height of the building by 340mm through lowering the ground floor studio and the master bedroom, ensuite area directly above by incorporating thoughtful design modifications to the internal and landing areas.

 

Officer’s Comment

 

The site falls from the west to the east by approximately 5m.  The natural ground level of the adjoining property to the west of the subject site at 53 Richardson Street West is higher than the subject site and the subject site is higher than the adjoining property to the east at 49 Richardson Street West.  The existing dwelling house is a single storey dwelling house and both of the adjoining properties are two storey dwelling houses.  It is considered that the design of the proposed dwelling house is compatible with the surrounding buildings. 

 

The proposed building has three storeys on the east elevation due to the topography of the site.  Part of the sub-floor area is more than 1.5m above the natural ground level and is considered as a storey under the definition of the Code.  The three storey section is located at the centre of the building.  The proposed dwelling house would have a two storey appearance from Richardson Street West and the west elevation.  The proposed dwelling house is unlikely to create unacceptable visual impact to the adjoining properties. 

 

Deck

 

The width of the proposed rear deck is more than 3m and is elevated more than 1.5m above the natural ground level on the east elevation.

 

The applicant also lodged a variation to the requirement of the Code and states as the follows:

 

·     A good deal of the property at 49 contains mature dense canopy and is extremely slope. 

 

·     The existing deck on this side is already approximately 4m wide with the eastern handrail in line with the existing wall.  This side of the deck is surrounded by bush screening and as such has never been a privacy issue.

 

·     A screen on the proposed deck would significantly reduce the prime outlook into the tree canopy to the north east.

 

·     The owners of the adjoining property have not raised any objections to the width of the proposed deck.

 

Officer’s Comment:

 

The width of the proposed deck is similar to the existing deck.  The proposed deck is unlikely to create any additional over looking impacts to the adjoining property at 49 Richardson Street West.  The variations to the requirements of the Code are reasonable and should be supported. 

 

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

 

The development proposal was notified twice in accordance with Councils notification policy.  The initial proposal was notified between 21 May 2007 and 4 June 2007.  The amended plans were renotified between 20 August 2007 and 3 September 2007.  Submissions from the owners of two adjoining properties were received in response to the notifications of the initial and amended proposals.  The issues raised in the submission can be summarised as follows.

 

 

·     Loss of view from the property of 53 Richardson Street West, Lane Cove

 

Officer’s Comment

 

In determining the impact on views that would result from a development, the Land and Environment Court has established a planning principal of views sharing – the impact on neighbours in the case of Tenacity Consulting v Waringah [2004] NSWLEC 140.  Commissioner Roseth framed four steps which should be addressed in assessing whether the impact on views is considered unacceptable.  The following is an assessment of the application in terms of these steps:

 

Step 1

 

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Officer’s Comment

 

The affected views are distance views and there are no water views and iconic subjects.  The objection fails to meet the criteria of Step 1.

 

Step 2

 

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Officer’s Comment

 

The views are obtained from the side of the objectors’ property looking across the subject site.  It is considered that this would be harder to protect.  The objection fails to meet the criteria of Step 2.

 

Step 3

 

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House.  It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Officer’s Comment

 

The proposed dwelling would impact on the views for between 75% and 100% of the total available vista to the east.  However as mentioned above the views are not considered to be significant nor iconic and thus the loss of views would have a minimum impact on the amenity of the property which derives more from proximity to the bush than the views themselves.  The objection fails to meet the criteria of Step 3.

 

Step 4

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact.  A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.  If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Officer’s Comment

 

The west elevation of the proposed building complies with the building height requirements of the Code.  The concerns raised by the adjoining property at 53 Richardson Street West, Lane Cove relating to the loss of their views are not sufficient quality to warrant the applicant being deprived of his rights to develop his land.  The objection fails to meet criteria of Step 4.

 

·     Loss of solar access to the adjoining properties

 

Officer’s Comment

 

The proposed development complies with the solar access requirements of the Code. 

 

·     The proposal does not comply with the building height requirements of the Code.

 

Officer’s Comment

 

This matter has been previously discussed.

 

·     Loss of substantial gum tree forming part of the existing canopy

 

Officer’s Comment

 

The Tree Assessment Officer has provided comments relating to the removal of the trees.

 

·     Setback to side boundary

 

Officer’s Comment:

 

The proposal complies with the setback requirements of the Code.

 

·     Protections to the adjoining properties

 

Officer’s Comment

 

A condition requiring dilapidated reports of two adjoining properties at 49 and 53 Richardson Street West will be included in the conditions in the event the proposal is supported. 

 

·     The proposed eastern wall is too high and too long and  would create an unacceptable visual impact to 49 Richardson Street West

 


Officer’s Comment

 

The dwelling house has been designed to reduce the visual impact on the east elevation.  The two storey section has been located at the front of the dwelling house and the rear section has been set down to a single storey.  The external wall of the first floor has been setback further from the ground floor with 1.87m to the eastern boundary.

 

The applicant has erected height poles to indicate the ceiling height of the proposed building.  Refer to AT3 for the locations of the height poles and the survey certificate.

 

CONCLUSION

 

The matters in relation to Section 79C considerations have been satisfied.  It is considered that the proposed development for a dwelling house complies with the objectives of Lane Cove Local Environmental Plan 1987 and the proposed design with minor variations is acceptable.  The development application is recommended for approval subject to conditions.

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 127/2007 for demolition of the existing dwelling house and construction of a two story dwelling house at Lot 1, DP 450210, known as 51 Richardson Street West, Lane Cove, subject to the following conditions:

 

General Conditions:

 

1.         (20) That the development be strictly in accordance with the drawing number Sheet ¼, dated 18.07.07, Sheet 2/4 dated 18.07.07, Sheet 3/4, dated 08.11.07 and Sheet 4/4, dated 18.07.07 prepared by Merit Homes Pty Ltd.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

7.         (34) Fences adjoining the access strip not exceeding 900 mm in height between the existing dwelling-house (building line) and the street frontage.

 

8.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

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

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

15.       (39) The building not to be used for separate occupation or commercial purposes.

 

16.       (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.

 

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

 

18.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

19.       (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.

 

20.       (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.

 

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

 

21.       (72) The proposed works must be confined within the boundaries of the site.

 

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

 

23.       (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.

 

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

 

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

 

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

 

27.       (130)  Compliance with the Waste Management Plan approved under development application.

 

28.       (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.

 

29.       (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.

 

30.       (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.

 

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

 

32.       A Dilapidation Report on the current structural condition of the existing buildings at 49 Richardson Street West and 53 Richardson Street West, Lane Cove must be prepared by a practicing structural engineer.  The Dilapidation Report must be completed and submitted the owner of the subject property and to Council prior to the commencement of any demolition, excavation or construction works.  At the completion of the works, a second Dilapidation Report recording the structural condition must be prepared.  That Report must be submitted to the owner of the subject property and to Council.

 

Landscaping Conditions

 

33.       (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 dollars ($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.

 

34.       (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.

 

35.       (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.

 

36.       (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.

 

37.       (349a)  A 1.8 m high fence of chain mesh shall be erected around the tree protection zones to be included and locations identified in the approved Tree Protection Plan produced by Naturally Trees.  The fenced area must 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 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.

 

38.       (354)  Footing, trench, or excavation that is within 3 metres of any tree (>150mm Diameter at Breast Height or 4 metres in height), or within 5 times the trunks Diameter at Breast Height of all trees  including neighbouring trees, must be dug by hand. 

 

General Engineering Conditions

39.       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.

 

40.       Control of Stormwater Runoff.  Stormwater runoff from all roof areas shall be collected and piped by a charged line system to the street gutter all other areas are to drain to the absorption system. 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.

 

41.       Rainwater Reuse Tanks

The applicant is to install a rainwater reuse system with a minimum effective capacity of 10000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards the plumbing requirements are as follows.

 

 

 

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 street kerb and gutter.

§ Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

42.       Environmental Pollution Control Pit. A Environmental Pollution Control Pit is to be installed, on the new stormwater line, just prior to the new stormwater pipe discharging to the absorption system. 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

 

43.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan MH138 C1-C2 issue A prepared by attarin & Co Pty Ltd In this project the above engineering plans are satisfactory as Concept plans. The Principle Certifying Authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

44.       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.

45.       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.

 

46.       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.

 

47.       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.

 

48.       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

49.       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.

 

50.       Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials a 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. 

 

51.       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.

 

52.       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.

 

53.       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’.

 

54.       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

55.       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 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

 

56.       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

4 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Plan showing height pole location and survey certificate

1 Page

 

 

 


Planning and Building Committee Meeting 4 February 2008

 

Environmental Services Division Report No. 47

 

 

 

Reference:    Environmental Services Division Report No. 47

Subject:          66 Kenneth Street, Longueville    

Record No:    DA07/347-01 - 3469/08

Author(s):       Kendell Pesavento 

 

 

Property:                     66 Kenneth Street, Longueville.

 

Lot & DP:                    Lot 2 DP 557167

 

DA No:                         D07/347

 

Date Lodged:              13 November 2007.

 

Cost of Work:              $48,000.00.

 

Owner             :                       M & FA Strykowski.

 

Author:                         Kendell Pesavento.

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing deck and construction of a new extended timber deck and bi fold doors on the north facing wall of the dwelling house.

ZONE

Residential 2(a2).

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes.

IS THE PROPERTY A HERITAGE ITEM?

No.

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No.

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No.

BCA CLASSIFICATION

Class 1a.

STOP THE CLOCK USED

Yes for 2 days.

NOTIFICATION

Neighbours:                 64, 65, 67, 68, 69 Kenneth Street; 65,                                     67, 69, 71 Arabella Street; 3 & 5                                             Cowper Street.

Ward Councillors        Smith, Freedman & Hassarati.

Progress Association Longueville Residents Association.

Other Interest Groups N/A

 

REASON FOR REFERRAL:

 

This Development Application is being considered by Council’s Planning & Building Committee as the 1999 Development Application for a 3m wide first floor deck was determined (and reduced to 2.5m width) by the Planning and Building Committee Meeting of Council held on 5 October 1999. 

 

EXECUTIVE SUMMARY:

 

It is proposed to demolish the existing timber deck and construct a timber floor deck measuring 3m x 6.5m and having an area of 19.5m2. The extended deck area is 0.5m wider than the existing and an additional 3.25m2. It is also proposed to remove the existing north side glass windows and construct bi fold doors opening out to the deck area facing north.  The deck is setback between 2.19 and 3m from the boundary of the site.

 

The Council in approving the existing deck restricted its width to 2.5m for its potential privacy concerns.  It is considered these concerns are no longer an issue given subsequent plant screening and changed balcony width policy.

 

The proposed deck width of 3.0m of useable area complies with clause 3.6 of the Dwelling House Code. The proposed deck extension and door openings complies with the relevant provisions of the Lane Cove Local Environmental Plan 1987 as amended and the Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings. It is recommended that the development application be approved subject to conditions.

 

SITE:

 

The subject site is located on the north eastern corner of Kenneth Street and Cowper Street, Longueville. The site is surrounded by 1 and 2 storey dwelling houses. There is an existing 2 storey brick rendered dwelling house on the subject site which presently has a 2.5m wide timber deck located on first floor level.

 

The site is surrounded by single and 2 storey dwelling houses. The subject site has views to the east of the Harbour, Harbour Bridge and Opera House. These views are prominent from the first floor level of the existing dwelling house and the existing first floor level deck.   Copy of site plan and notification plan attached (AT1 and AT2).

 

PROPOSAL:

 

It is proposed to demolish the existing timber deck and construct a new timber floor decking 3m wide and 6.5m long and measuring 19.5m2 in area. The deck area is 0.5m wider than the existing. It is also proposed to remove the existing north side glass windows and construct bi fold doors opening out to the deck area facing north.   The deck is setback between 2.19 and 3m from the adjoining property boundary.

 

The original proposal also included a vergola roof over the deck. This has been deleted from the application by the owner as it resulted in non-compliance with the maximum allowable floor space ratio requirement of 0.5:1.

 

PREVIOUS APPROVALS/HISTORY:

 

Development Application 274/99 – Alterations and additions to the existing dwelling house including a 2.5m wide first floor deck approved by Council’s Planning & Building Committee on 5 October 1999. This Development Application was assessed and the width of the deck was reduced from 3m to 2.5m due to proximity of the two dwellings and the privacy issue raised by the adjoining owner of No 5 Cowper Street, Longueville.

 

Condition 1 of the Development Consent 274/99 stated: “That the width of the proposed first floor deck be reduced from 3m to 2.5m. Plans to be altered PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.” The applicant had applied for a 3m wide deck but this was rejected by Council at this time.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (620m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5:1

0.5:1

Yes.

Soft Landscaped Area            (min)

No change. Deck is located over the garage roof.

35%

N/A

Side Boundary Setback             (min)

2.19-3m

1.5m

Yes

No of Storeys

2

2

Yes

Deck/Balcony width    (max)

3m & elevated 9m above ground level.

3m (if elevated by >1m)

Yes.

Solar Access  (min)

No change

3 hours to north elevation

No change

 

REFERRALS:

 

Manager Urban Design and Assets

 

Council’s Development Engineer has provided conditions.

 

These have been included in the Recommendation section of this report.

 

Tree Assessment Officer

 

The following comments were made by Council’s Tree Assessment Officer:

 

“I have looked at the plans and visited the site. I have no objections to the proposal. The deck extensions to the rear of the dwelling house may necessitate the pruning of two trees standing in the neighbour’s property. Any pruning that must be undertaken on the Magnolia tree or the Bottlebrush tree shall only be carried out after obtaining authority from Council’s Tree Preservation Officer who will specify what branches may be pruned from the trees. Our standard tree conditions outline the process that the applicant must follow in relation to obtaining the Tree Preservation Work Authority.

The following conditions apply.”

The conditions of consent have been included in the Recommendation section of this report.

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

 

The subject site is zoned Residential 2(a2) under the Lane Cove LEP 1987, as amended. The proposed deck is permissible with consent in the 2(a2) zone. It is considered that the proposal complies with the objectives and provisions of the Lane Cove LEP 1987 as amended.

 

Other Planning Instruments

 

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

 

It should be noted that the Lane Cove Code for Dwelling Houses, Private Swimming Pools and Outbuildings was introduced in August 2002. Hence, the previous development application (D274/99) for the proposed deck and alterations and additions to the dwelling on the subject site was not assessed against the Dwelling House Code but was assessed against the policy of the time, the Lane Cove Council Building Policy Code. There was no maximum deck width requirement in the Building Policy Code and the previous deck size was assessed on privacy issues.

 

 

 

 

 

Clause 3.6 Privacy and Overlooking – The following standards apply:

 

            “1. Buildings or additions shall be designed and orientated so that windows, balconies and decks are not situated directly opposite windows of habitable rooms, balconies and elevated decks of any adjoining dwellings.”

 

The proposed deck extension is located above the roof level of the directly adjoining dwelling house at 5 Cowper Street and hence the deck is not situated directly opposite any windows or decks of the adjoining dwelling house. Hence the proposed deck extension complies with this standard.

 

“2. Buildings or additions shall be designed and orientated to avoid overlooking adjoining dwellings. Where, due to design or site constraints, overlooking is unavoidable, use should be made of natural or constructed screening.”

 

The proposed deck extension of 500mm in width would not create any significant additional overlooking opportunities to the adjoining property of 5 Cowper Street. Hence it is considered that the proposed deck extension complies with this standard.  This is evidenced from inspection of the adjoining property from the exiting deck and the living room of the subject property.

 

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

 

The total proposed width of the deck is 3.0m and hence the proposal complies with this standard.

 

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.

 

Nil.

 

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

 

One (1) submission was received from the adjoining property owner of 5 Cowper Street, Longueville, in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

Loss of Privacy -  The adjoining owner has made the following comments:

 

“We have studied the plans for the above proposed development. While we would have no objection to the owners installing a louvered awning. We are distressed and surprised to see that they are once more seeking to encroach on our privacy by requesting that the width of the new deck be extended to 3m.

 

The question of width was fully considered by Council some 8 years ago when the building was being redeveloped (Application 274/99). At that time, after a great deal of discussion and mediation with the then Mayor, Mr. Anthony Roberts, Council reduced the deck width to 2.5m.

 

The reasons for Council’s determination still obtain i.e., to provide greater privacy to our bedrooms and ensuite (all habitable areas). We built our house some 33 years ago and do not think it unreasonable to expect privacy and quietness in the enjoyment of our amenity.”

 

A site inspection was carried out from both the existing deck on the subject site and the adjoining dwelling house at 5 Cowper Street. There are 2 bedroom windows and 1 bathroom window along the southern elevation of 5 Cowper Street and which face the existing deck area. The bathroom window is completely screened by vegetation and the 2 bedroom windows are highlight windows which do not have a direct view of the deck as you have to look up and kneel on the bed to see the deck out of these windows. Given the fact that the bathroom window is screened and the bedroom windows are not in direct view from the deck looking down, it is considered that the privacy issue is not of significant detriment to the adjoining owners of 5 Cowper Street. The proposed deck width of 3m complies with the current Dwelling House Code standard and it is considered acceptable to allow the extra 500mm of width in the deck area. It should also be noted that the louvered awning (vergola) has been deleted from the development application as it resulted in a non-compliance with the maximum allowable floor space ratio requirement of 0.5:1.

 

CONCLUSION

 

Overall it is considered that the proposed deck extension and replacement of the existing deck is of an appropriate scale for the subject site. Further, the proposal complies with the Dwelling House Code requirements for privacy and overlooking. Approval subject to conditions is recommended for this Development Application.

 

The matters in the DOP Guidelines in relation to Section 79C considerations have been satisfied.

 

RECOMMENDATION

 

That Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 347/07 for the demolition of the existing deck and construction of a new extended timber deck and bi fold doors at 66 Kenneth Street, Longueville, subject to the following conditions:

 

1.         That the development be strictly in accordance with drawing number 1A, 2A, 3A dated 26 October 2007 by MSJ Building Services.

 

2.         The vergola is not approved as part of this approval and is to be deleted from the Construction Certificate Plans.

 

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

 

4.         All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

5.         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.

 

6.         All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

7.         Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

8.         The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

9.         Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

10.       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.

 

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

 

12.       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.

 

13.       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.

 

14.       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.

 

15.       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.

 

General Engineering Conditions

16.       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

 

17.       Control of Stormwater Runoff. The stormwater runoff from new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a Charted Practising Engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.

 

18.       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.

 

19.       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

20.       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.

 

21.       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. 

 

22.       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’.

 

23.       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

24.       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

 

 

 


Planning and Building Committee Meeting 4 February 2008

 

Environmental Services Division Report No. 12

 

 

 

Reference:    Environmental Services Division Report No. 12

Subject:          Delegated Authority Report - December 2007    

Record No:    SU1863 - 3610/08

Author(s):       Michael Mason 

 

 

 

During the month of December 2007 a total of 44 Development Applications were determined under delegation by staff and 4 by Council.  In addition 7 Construction Certificates and 13 Privately Certified Construction Certificates were issued.  There were 2 Privately Certified Complying Developments and 2 by Council.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for December 2007

7 Pages