Planning and Building
7 April 2008, 8:04PM
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
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Minutes |
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PRESENT:
Councillor
R. D’Amico (chair), Councillor K. Freedman,
Councillor I. Longbottom and Councillor A. Smith.
ALSO
PRESENT:
Executive Manager -
Environmental Services,
ADJOURNED:
The meeting was adjourned at 8:04pm.
RESUMED:
The meeting resumed at 8:56pm.
Environmental Services Division Reports
SUBJECT: |
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DECISION UNDER DELEGATED AUTHORITY RESOLVED on the motion of Councillors Freedman and Smith 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. 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 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. |
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The
motion was carried unanimously. |
CONFIRMATION OF MINUTES OF Planning and Building Committee Meeting - 17
MARCH 2008 |
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DECISION UNDER DELEGATED AUTHORITY RESOLVED on the motion of Councillors Smith and Lawson that the
minutes of the Planning and Building Committee Meeting held on the 17 March
2008 be received and confirmed. The motion was carried unanimously. |
CLOSE
The meeting closed at 9.22pm.
Confirmed at the Planning and Building Committee
Meeting of 21st April 2008, at which
meeting the signature herein is subscribed.
CHAIRPERSON
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MEETING FILE REF: Document5