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Agenda

Planning and Building

Committee Meeting

7 April 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 7 April 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 7 April 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 17 MARCH 2008

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 54

SUBJECT: 52 Chisholm Street, Greenwich

 

3.       Environmental Services Division Report No. 23

SUBJECT: Delegated Authority Report - March 2008

  

 

 

 

               


Planning and Building Committee Meeting 7 April 2008

 

Environmental Services Division Report No. 54

 

 

 

 

 

Reference:    Environmental Services Division Report No. 54

Subject:          52 Chisholm Street, Greenwich    

Record No:    DA07/356-01 - 4073/08

Author(s):       Stan Raymont 

 

 

Property:                     52 Chisholm Street, Greenwich

 

DA No:                         D356/07

 

Date Lodged:              20/11/07

 

Cost of Work:              $300,000

 

Owner             :                       A K & F Tam & S Hardjono

 

Author:                         Stan Raymont

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to dwelling house, front fence and demolition and erection of a new carport.

ZONE

2(a2)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

Yes, adjoins bushland

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

Yes, from 29/11/07 to 27/12/07

NOTIFICATION

Neighbours                  41, 43, 45, 47, 48, 49, 50 Chisholm

                                   St; 108, 110, 112, 124, 163 & 165 

                                   Greenwich Rd

Ward Councillors        East Ward

Progress Association Greenwich Community Association

Other Interest Groups Lane Cove Historical Society Inc.

 

REASON FOR REFERRAL:

 

Called to Planning and Building Committee by Councillor D’Amico due to view sharing.

 

EXECUTIVE SUMMARY:

 

The proposal is to carry out alterations and rear additions to the dwelling including rooms in the roof.  It is also proposed to erect a new carport and front fence.

 

Two submissions have been received with one (the owner of No.50 Chisholm Street) objecting to the rooms in the roof as the side walls are less than 3m apart at this point and the proposed increases in wall and roof height would seriously impair his amenity in terms of light, views, privacy and create a third storey.

The distance between the walls of No.50 and the walls of the proposed additions is approximately 4m, the third storey is considered satisfactory as they are proposed in the roof cavity.

 

No.50 Chisholm Street has a living room and large deck at the rear of the ground floor level which are at approximately the first floor level of the proposed addition.  There are panoramic views of the water, Berry Island, North Sydney and the city from this living room and deck.

 

The commenter is also concerned that from two windows to two bedrooms and from the windows to the living room on the southern side of No.50 Chisholm Street there would be a loss of water, shell refinery and Greenwich Point views.

 

The view from these windows is considered to be secondary views with the view from the rear living room windows and the rear balcony being the primary views.

 

Whilst the proposed view loss from the southern windows of No.50 Chisholm Street is unfortunate, it is minor or not considered to warrant disapproval.

 

SITE:

 

The subject site is located on the eastern side of Chisholm Street and backs onto a reserve which front Gore Cove. The land to the south is part of the Shell Gore Cove Terminal. The land drops away from the street to the reserve. Existing improvements on the site consist of a brick dwelling which is single-storey at the front and two-storey at the rear with a steeply pitched tiled roof. There is an old carport structure at the front on the southern side.   Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is to:-

 

1.         Carry out alterations and additions to the dwelling-house involving:

(i)         lower ground floor level – alterations and erection of a painted brick addition for use as part   of bedroom 4 and courtyard at the rear.

(ii)        ground floor level – alterations and erection of a painted brick addition for use as a kitchen and lounge room extension and a timber deck with a pergola over.

(iii)       first floor level – the construction of a large tiled roofed area with a large dormer window at the rear of the dwelling house which contains bedroom 1 with a small 1m wide deck at the rear and the dormer window contains a shower room and toilet with a stair to the ground floor level. The gable end of the roof and the walls of the dormer are shown to be covered with harditex base sheeting with texture roller finish.

 

2.         Demolition of the carport and the erection of a new single carport 3.5m wide by 6.9m in size with timber post supports and a flat roof covered with colorbond metal decking. The front of the carport which is shown to vary from zero to 800mm from the front boundary is shown to have a 300m wide harditex base sheeting with texture roller finish and a mesh panel lift door is shown to the front of the carport.

 

3.         Erection of a 1m high picket fence and gates along the front boundary from the northern side boundary to the northern side of the proposed carport.

 


PREVIOUS APPROVALS/HISTORY:

 

-

 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (796.7m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.32:1

0.5:1

Yes

Soft Landscaped Area            (min)

68%

35%

Yes

Side Boundary Setback (min)

0.915m

1.5m

Existing and may be permitted

Overall Height (m)       (max)

9m

9.5m

Yes

Ceiling Height (m)       (max)

8.7m

7.0m

No

No of Storeys

3

2

-

Building Line    (max)

Unchanged

7.5m

N/a

Foreshore Building Line (min)

N/a

N/a

N/a

Cut and Fill      (max)

Nil

1m

Yes

Deck/Balcony width    (max)

3m

3m (if elevated by >1m)

Yes

Solar Access  (min)

3 hours to north elevation

3 hours to north elevation

Yes

Basix Certificate

Basix Certificate

Basix Certificate

Yes

 

CARPORTS IN FRONT OF BUILDING LINE

 

 

PROPOSED

CODE

COMPLIES

Building Line    (min)

Zero to 800mm

7.5m

May be permitted

Proportion of Allotment Width

3.5m

50% or 6m, whichever is the lesser

Yes

Setback of Posts (min)

Zero to 800mm

1m

No

 

FENCING

 

 

PROPOSED

CODE

COMPLIES

Height (max)

1m

900mm

May be permitted

% Open Where > 900mm in Height  (min)

In the nature of 50% See-through

50%

Yes

Setback From Front Boundary if >900mm in height (min)

Nil

1m

May be permitted

Splays

Nil

1m

No

 

REFERRALS:

 

Development Engineer

 

The comments of the Development Engineer were requested on the proposal and conditions are listed which are included in the recommendation in this report.

 

Manager Bushland

 

The premises adjoins bushland and the comments of Council’s Bushland Manager and Tree Assessment Officer were requested on the proposal and are as follows:

 

“We have reviewed the DA documents and visited the site. There are no objections to the proposed additions and alterations to this heritage listed dwelling.

 

The proposed development consists of replacing the carport on the existing slab and associated new steps from the carport down to the dwelling entrance along with a second storey area at the rear of the site and a new pathway on the north side of the dwelling.

 

DCP 1 and SEPP 19

 

This property is located adjacent to land zoned Bushland 6(b); hence DCP1 and SEPP19 apply.

 

As the level of extension work proposed is minimal there appears to be no impact on the adjacent bushland reserve. However as a matter of precaution a number of conditions have been included in draft conditions should Council wish to support the application.

 

Sydney Harbour Foreshores and Waterways DCP

 

This property is located within foreshore and waterways area boundary hence the DCP does apply.

 

The proposed development to this property would not have any adverse impact upon the visual landscape of Port Jackson. The extension is in line with the neighbouring houses and would not exceed the height of the current roof line.

 

Aboriginal Heritage

 

There are no Aboriginal Heritage issues regarding this development proposal.

 

Tree Protection

 

There are no trees of any significance on the site. There are two (2) Bottlebrush trees and one (1) Frangipani tree located in the front yard. These trees are all young and less than 4 meters in height.

 

Landscaping

 

There are no tree issues regarding this development proposal.

 

Draft conditions of consent are listed which are included in the recommendation in this report.

 

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

 

The premises are located on bushfire prone land as identified in the Bush Fire Risk Management Plan and the comments of the NSW Rural Fire Service were required in accordance with Section 79B(1)(b) of the Environmental Planning and Assessment Act and the NSW Rural Fire Service advise that based upon an assessment of the plans and documentation required for the proposal, the NSW Rural Fire Service, in respect to bushfire matters, provides the advice that the development should have the following conditions:

 

            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)  New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire-prone areas’ Level 1.”

 

The subject premises as well as the adjoining properties Nos. 48 and 50 Chisholm Street are heritage listed properties and the comments of Council’s Consultant Heritage Architect were requested and are as follows:-

 

“I refer to my report regarding a similar proposal on 22/12/06. My opinion remains unchanged and I recommend that the proposal for the garage be modified accordingly:

 

I have no objection to the proposed extension, rear balcony fence or other minor alterations.

However, I recommend that the design of the garage be reviewed to include a pitched and gabled roof to replace the existing roof. Whilst acknowledging that the existing roof is flat, a pitched roof is preferred in terms of matching the existing cottage and consistency with the predominantly pitched roof character of the streetscape.”

 

The subject site adjoins the Shell Gore Cove Terminal and the proposed carport is at the front of the site immediately adjacent to the Shell Gore Cove Terminal land. From a site inspection it is considered that the provision of a pitched and gabled roof to replace the proposed flat roof to the carport will intrude on water, bush and foreshore views from the properties on the opposite side of Chisholm Street (Nos. 41-49 Chisholm Street) and for that reason the provision of a pitched and gabled roof to the proposed carport is considered to be not warranted.

 

LANE COVE ENVIRONMENTAL PLAN 1987 (Section 79C(1)(a))

 

The proposal is permissible within the 2(a2) zoning under the Lane Cove LEP with Council’s consent.

 

OTHER PLANNING INSTRUMENTS

 

SEPP No. 55 – Contaminated Land

 

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 current and previous use of the site for residential uses would substantially reduce the possibilities of contamination. Accordingly, there is considered to be no contamination issue given the circumstances of the case.

SREP (Sydney Harbour Catchment) 2005

 

The subject site is within the Foreshores and Waterways area specified in SREP (Sydney Harbour Catchment) 2005. Part 2 of the SREP sets out planning principles for land within the Sydney Harbour Catchment and Part 3 of the SREP set out matters for consideration.

 

The DCP for the SREP sets out Performance Criteria for this area as follows:

 

·     It is sited so remaining rock outcrops, clifflines or vegetated shorelines are protected and not obscured;

·     It is sited to ensure that the continuous line of any natural feature is preserved and remains the dominant feature in the landscape;

·     It is sited and designed to maintain the vegetation cover on the upper slopes and ridgelines; major points and entrances to the bays are preserved in their natural state;

·     Existing character, natural, cultural and heritage features of the islands are retained; and

·     Colours should match native vegetation as closely as possible with trim colours drawn from natural elements such as tree trunks and stone.

 

The external changes proposed are considered to comply with the planning principles and matters for consideration contained within the SREP and also to comply with the performance criteria in the DCP for the SREP.

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves demolition of internal walls. Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-1991): The Demolition of Structures, as in force July 1993. The matter may be addressed by a condition of consent and has been addressed by a condition in the recommendation section of this report.

 

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.

 

1. Setbacks to Side Boundaries – Council’s Code for Dwellings under Setbacks to Side Boundaries specifies:-

 

            “Objectives:

 

a.         Achieve separation between dwellings for privacy and to enable areas for landscaping.

b.         Enable views between dwellings where applicable.

 

Standards:

 

1.             A minimum setback of 1200mm from the side boundary for a single storey dwelling and a minimum setback of 1500mm for a two storey dwelling. The setback is measured at right angles to the boundary and to the wall of the dwelling, or any ancillary structures like balconies or stairs.

(Note: first floor additions above an existing dwelling can follow the existing setback)

2.             Variations may be considered if there would be no adverse impact on adjoining properties and, if objectives are achieved, for example:

(i)     An open carport on nil boundary setback;

(ii)    Detached garages on nil boundary setback.”

 

The walls of the existing dwelling which single-storey of the front and two-storey at the rear are shown to be setback 915mm from the northern boundary and part of these walls are shown to be rebuilt and extended 3.65m to the rear. This is less than the 1.5m specified in Council’s Code. However variations may be considered if there would be no adverse impact on adjoining properties and, if objectives are achieved which is considered to be the present case. Also the walls of the large dormer window for the rooms in the roof are shown to come to 1500mm from the northern boundary. This also is considered to not have an adverse impact on the adjoining properties and objectives achieved subject to the windows in the north elevation of the large dormer window being highlights with their sills being at least 1.7m above the first floor level or being fixed frosted glass to a height of 1.7m above the first floor level.

 

2. Height – Council’s Code for Dwellings under Height specifies:-

 

            “Objectives:

 

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

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

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

 

Standards:

 

·     No dwelling is to exceed a height of:

(i)         7.0m to any point on the uppermost ceiling;

(ii)        9.5m to the highest point of the roof;

Height shall be measure vertically from the natural ground level at any point.

·     Basement and subfloor areas are not to exceed 1.5m above natural ground level.

·     No dwelling will be permitted to exceed two storeys in height above natural ground level at any point. No dwelling will be permitted to have an elevation of more than three stories.

·     A third storey will be permitted if contained within the roof space. Where a dwelling would comply with the height requirement, except for the absence of a flat ceiling (e.g. raked ceiling), a variation will be considered provided the objectives are satisfied. (Mansard roofing is not considered as a room within a roof space and dormer windows are to be of a size to the satisfaction of Council).”

 

Number of Storeys:- The proposed bedroom 1 and the shower room are considered to be rooms in the roof and satisfactory.

 

Uppermost Ceiling Height:- Whilst the maximum ridge height complies the uppermost ceiling height is 8.7m, this is due to the ceiling following the rake of the rafters in the rooms in the roof and is considered satisfactory.

 

3. Building Line – Council’s Code for Dwellings under Building Line specifies, inter alia:-

 

            “Objectives:

 

a.         Minimise the impact of the dwelling on the streetscape.

b.         Maintain an open streetscape with sufficient area for soft landscaping between the dwelling and the street.

c.         Pedestrian safety

 

Standards:

 

·     A building line of 7.5m from the front boundary line. The distance is measured at right angles to the front boundary and is parallel to the front boundary line.

·     A variation may be considered where unusual site constraints exist, or if there is an established building line of less than 7.5m and the proposal will have minimal impact on the streetscape.

·     Carports may be permitted on a lesser building line subject to the following criteria:

(i)         they are of open design and afford minimal impact on the streetscape;

(ii)        they do not exceed more than 50% of the total width of the allotment frontage or 6.0m, whichever is the lesser;

(iii)       trafficable roofs on carports are prohibited;

(iv)       any security gates are to be of an open design;

(v)        the carport support posts shall be setback a minimum of 1.0m from the street alignment.”

 

The proposed carport is considered to comply with the requirements for carports in front of the Building Line subject to:-

 

a.   the mesh panel lift door is not considered to be of an open enough design and the security gate proposed on the carport is to be of a more see through open design to the satisfaction of Council. Refer to draft condition 3.

 

The front of the carport varies from zero to 800mm from the front boundary and is not setback 1m. However this property adjoins the Shell Gore Cove Terminal and few pedestrians would walk in this area and to require a setback of a minimum of 1m is considered to be not warranted. 

 

 

 

Fences – Council’s Code for Dwellings under Fences specifies, inter alia:-

 

·     Front fences are to be constructed no higher than 900mm above footpath level.

·     All materials used as fencing materials are to be of a type that is acceptable to Council.

 

Notwithstanding the above, front fences exceeding 900mm will be permitted whereby the following criteria can be satisfied.

 

·     Height shall not exceed 1800mm above Council’s footpath at any point.

·     Setback. If the fence exceeds 900mm in height the entire fence shall be setback a distance of 1.0m adjacent to the driveway on both sides to the satisfaction of the Executive Manager, shall be entirely occupied by a landscaped garden. The garden shall be planted with suitable flora approved by the Council’s parks section. Nothing contained in this criterion shall prevent alteration to the splay for safety reasons as specified by the Executive Manager.

 

Or alternatively:-

 

·     Fences not exceeding 1800mm in height shall be permitted on the street alignment whereby at least 50% of the front elevation and returns within the established building line are see-through and unobstructed.

·     Other see-through designs will be considered if in the opinion of the Executive Manager the design has no greater impact on the streetscape that the permitted fencing design.

·     1.0 metre splays shall be provided adjacent to the driveway on both sides to the satisfaction of the Executive Manager.

 

The 1m high picket fence is considered to be in the nature of 50% see through design. There is a drop in excess of 1m immediately at the rear of this fence so to meet the requirement of the Building Code of Australia a height of at least 1m is required. The 1m high picket fence is considered satisfactory. The provision of 1m x 1m splays on each side of the carport is considered to be not warranted and this property adjoins the Shell Gore Cove Terminal and there is no usable footpath past the subject property.

 

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

 

Two submissions were received in response to the notification of the development application.  The issues raised in the submissions are as follows.

 

First letter from the owners of No. 50 Chisholm Street.

 

Following our discussion at Council’s office earlier today I write to object to the proposed additions at roof level to rear of the property 52 Chisholm Street as shown in drawing “NORTH ELEVATION” in the plans submitted with the above application.

 

The side walls of Nos. 50 and 52 Chisholm Street being less than 3 metres apart at this point, the proposed increases in wall and roof height would seriously impair my amenity in terms of light, views and privacy.

 

They would also create a 3-storey building at this section of No. 52 (vis: see 3.3, Lane Cove Code and Dev. Applic. Checklist).

 

I strongly urge Council not to approve this part of the application, which I otherwise support.”

 

Comment

 

The southern walls of  No. 50 Chisholm Street are setback approximately 3m form the southern boundary which makes the distances between the walls of No. 50 and No. 52 Chisholm Street approximately 4m. This is considered satisfactory.

The three-storey section of the proposed alterations and additions is in the form of rooms in the roof which are considered satisfactory.

 

The applicant was written to as follows:-

 

I refer to the abovementioned application and advise that Council is in receipt of an objection from Mr. K Cousins regarding loss of view and a copy of this letter is attached.

 

Would you please look at these plans with a view to addressing the view loss issued raised in his letter.

 

Further you are advised that Council considers the dormer window to be too large and also it would be required to be setback at least 1.50m from the side boundaries.

 

Please address the issues raised in the letter within 21 days of the date hereof.”

 

Subsequently amended plans were submitted with the following covering letter:

 

            Further to Council’s letter dated 31 January 2008, please find attached the following;

 

·     7 copies of amended drawings

 

As discussed, the following amendments have been made to the drawings;

 

-  Dormer has been set back 1.5m from the side boundary

-  Both windows to dormer to north elevation are obscure glazed

-  Please be advised that the overall height of the proposal is unchanged to that  

   previously approved by Council.”

 

No. 50 Chisholm Street has a living room and large deck at the rear of the ground floor level which are at approximately the first floor level of the proposed addition. There are panoramic views of the water, Berry Island, North Sydney and the city from this living room and deck. The commenter is also concerned that from two windows to two bedrooms and from the windows to the living room on the southern side of No. 50 Chisholm Street there would be a loss of water, shell refinery and Greenwich Point views.

 

Legal Precedent

 

In the Tenacity Consulting Pty. v Warringah Council (2004) case in the Land and Environment Court, the Senior Commissioner set out a four step approach in accessing view loss as follows:

 

            “The first step is to assess the nature of the views to be affected:

 

·                Water views are valued more highly than land views.

 

·      Iconic views (such as of the Opera House, the Sydney Harbour Bridge, or North Head) are valued more highly than views without those icons.

 

·      Whole views are valued more highly than partial views.  For example, a water view in which the interface between the water and the land is visible is more valuable than one in which it is obscured.

 

            The second step is to consider from what part of the property affected the views are obtained.  In this regard it is more difficult to protect views obtained across side boundaries than the protection of views from front and rear boundaries.  Also, whether the view is obtained from a standing or sitting position may also be relevant.  Sitting views being more difficult to protect.  The Senior Commissioner noted that the expectation to retain side or sitting views is often unrealistic.

 

            The third step is to assess the extent of the impact.  This needs to be done for the whole of the property, and not just to that part of it from where the views are affected.  The views from living areas (including kitchen areas) are more significant than from bedrooms or service areas.  Whilst the impact could be assessed quantitatively, it is more useful to look at the issue in a qualitative sense and ask whether the view loss is negligible, minor, moderate, severe or devastating.

 

            The fourth step is to assess the reasonableness of the proposal that is causing the impact.  A development that complies with all relevant planning controls would be considered more reasonable than one that breaches them.  Importantly, the Senior Commissioner said that “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”.  Where a development complies with the planning controls, the question is whether a more skilfully designed proposal could provide the same development potential whilst reducing the impact to neighbours.  In that situation the view impact of a complying development would probably be considered acceptable, and the view sharing reasonable.”

 

The view from these windows is considered to be secondary views with the views from the rear living room windows and the rear balcony being the primary views.

 

Whilst the proposed view loss from the southern windows of No. 50 Chisholm Street is considered unfortunate, it is not considered to warrant disapproval.

 

Second letter from The Lane Cove Bushland and Conservation Society Inc.

 

This application does not show any vegetation – existing or new – so that there is not way of knowing if any trees etc. will be removed for the extensions. This should be checked out before any approval.

 

As always, sediment control is a major concern of this Society in sites adjacent to bushland, especially where the bush is below a cliff/escarpment and any dumping cannot be generally seen. We would like reasonably frequent monitoring of this aspect of the building process.”

 

The Bushland Manager advises that there are no tree issues regarding this development proposal.

The sediment control as required by Council’s Development Engineer will be inspected during the required inspections of this work during construction.

 

CONCLUSION

 

The matters in the DOP Guidelines in relation to Section 79C considerations have been satisfied. Subject to the draft conditions in the recommendation the proposal is considered a reasonable development of the site and would not adversely impact on the amenity of the surrounding dwellings.

 

 

RECOMMENDATION

 

That the application to carry out alterations and additions to the dwelling house, front fence and demolition and erection of a new carport be approved subject to:-

 

1.         (20) That the development be strictly in accordance with drawing number 06946-1F, 2F, 3F, 4F, 5F, 6F, 7F, 8F, 9F dated 11/8/06 and 06946SC-1by Modum Pty Ltd.

 

2.         To provide privacy for No. 50 Chisholm Street, the windows in the northern elevation of the dormer window at first floor level being highlights with their sills being at least 1.7m above the floor of the first floor level or alternatively being of fixed frosted glass to 1.7m above the floor of the first floor level. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.         To comply with the requirements of Council’s Code for Dwellings, the carport door being for security purposes only and being of an open see-through design to Council’s satisfaction. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.         To comply with the requirements of the NSW Rural Fire Service:-

 

            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)   New construction shall comply with Australian Standard AS3959-1999 ‘Construction of         buildings in bushfire-prone areas’ Level 1.

 

5.         To provide vehicular safety the provision of a vehicular safety barrier to the perimeter of the carport slab 150mm high complying with the requirements of the relevant SAA Code where the drop exceeds 1m.

PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

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

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings, carport slab and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a 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.

 

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

 

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

 

15.       (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.

 

16.       (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.

 

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

 

 

18.       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

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

 

19.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

g)         carport construction

 

20.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

21.       (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.

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

 

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

 

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

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

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

 

 

 

(a)        any storey containing bedrooms—

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

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

(b)        any other storey not containing bedrooms.

 

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

 

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

 

25.       (130)  Compliance with the Waste Management Plan approved under this application.

 

26.       (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.

 

27.       (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.

 

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

 

29.       (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.

 

Landscape Conditions

 

30.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

31.       (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.

 

32.       (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.

 

 

 

33.       (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.

 

34.       (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

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

 

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

 

37.       (307a)  Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

38.       (308)  Rubbish must be stored in sealed in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

39.       (321)  There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

General Engineering Conditions

40.       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

 

41.       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.

 

42.       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.

 

43.       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

 

44.       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.

 

45.       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. 

 

46.       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.

 

47.       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.

 

48.       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’.

 

49.       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

50.       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

Amended Site Location Plan

3 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

 


Planning and Building Committee Meeting 7 April 2008

 

Environmental Services Division Report No. 23

 

 

 

 

 

Reference:    Environmental Services Division Report No. 23

Subject:          Delegated Authority Report - March 2008    

Record No:    SU1863 - 11727/08

Author(s):       Michael Mason 

 

 

During the month of March 2008 a total of 29 Development Applications were determined under delegation by staff and 3 by Council.  In addition 10 Construction Certificates and 18 Privately Certified Construction Certificates were issued.  There was 1 Complying Development by Council.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Applications determined for March 2008

5 Pages