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Agenda

Planning and Building

Committee Meeting

21 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 21 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 21 April 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 7 APRIL 2008

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 128

SUBJECT: 13 Phoenix Street, Lane Cove

 

3.       Environmental Services Division Report No. 142

SUBJECT: 28 George Street, Greenwich

 

 

 

 

               


Planning and Building Committee Meeting 21 April 2008

 

Environmental Services Division Report No. 128

 

 

 

 

 

Reference:    Environmental Services Division Report No. 128

Subject:          13 Phoenix Street, Lane Cove    

Record No:    DA07/341-01 - 10822/08

Author(s):       Andrew Thomas 

 

 

Property:                                 13 Phoenix Street, Lane Cove

 

DA No:                                     D341/07

 

Date Lodged:                          9.11.07

 

Cost of Work:                          $500,000

 

Owner             :                                   Rockwell (Aust) Pty. Ltd.

 

Author:                                     Andrew Thomas

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to an existing dwelling-house (dwelling-house A) including minor demolition at the rear; a first floor addition; front pergola; carport and front and side fences, and the erection of a two storey dwelling-house (dwelling-house B) with integrated double garage; a driveway fence and rainwater tanks

ZONE

Residential 2(a1)

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 and 10b

STOP THE CLOCK USED

Yes 

NOTIFICATION

Neighbours                              5-17 and 50-58 Phoenix Street; 6/38A Little Street; 9 and 11 Rothwell Crescent

Ward Councillors                    East

Progress Association             Osborne Park

Other Interest Groups             N/a

 

REASON FOR REFERRAL:

 

This matter is brought before the Planning and Building Committee at the request of Councillor D’Amico and Tudge due to privacy and other impacts to neighbours.

 

EXECUTIVE SUMMARY:

 

This report assesses a development application for:

 

   alterations and additions to an existing dwelling-house, and the erection of a new two storey dwelling-house, on a site with subdivision approval for two lots;

 

   the approved front lot contains an existing dwelling-house;

 

   the approved rear lot contains numerous mature trees, of which 13 have been approved to be removed under a previous subdivision consent; a dwelling-house is proposed on this lot;

 

   whilst the proposed dwelling-house would almost fully comply with the Code, the proposed changes to the existing dwelling-house would result in a number of minor non-compliances which include overshadowing; height; number of storeys; deck width and front setback;

 

   11 objections were received to the development:  concerns raised include the removal of trees from the site and overshadowing;

 

   additional information was requested in January with details being submitted towards the end of March;

 

   concerns in relation to some non-compliances (including overshadowing) and potential overlooking were discussed at a meeting with the applicant in March; a revised plan has reduced the overall height and eaves of the front dwelling-house, and increased the level of solar access over the adjoining property at 15 Phoenix Street; design changes which were discussed to address potential overlooking have been addressed as draft  conditions in this report;

 

   the non-compliances are considered reasonable, and meet the objectives of the zone.

 

   this report recommends a deferred commencement consent as the subdivision approval has not yet been registered with the Land Titles Office. 

 

SITE:

 

The subject site is a rectangular allotment with a frontage of 20.1m to Phoenix Street; a rear boundary of the same width; side boundaries of 70m and a total area of 1,415.6m2.   The site is located on the low, western side of Phoenix Street, approximately halfway between Pottery Green to the north and Dorritt Street to the south.


The site falls about 2.5m below the level of the street and about 4.5m towards its centre where a 2.5m wide drainage easement crosses the site from north to south.  The site then rises about 1m-1.5m to a mound that dominates the rear part of the site.  The mound has mature trees that include both native and exotic species.  The site also falls about 1m-1.5m from the mound to its rear boundary.  Parallel to the site’s rear boundary is another Council drainage easement generally 2.5m wide in front of which is a sewer line.

 

Existing on the site is a part one and part two storey brick dwelling-house with a tiled roof and a detached carport along its northern, side boundary that is accessed by a short driveway off Phoenix Street.

 

Apart from a childcare centre diagonally opposite the site, the locality is predominantly residential and contains both one and two storey dwelling-houses.  To the site’s northern side boundary is a villa development with four villa homes located along this common boundary.  A part one and part two storey dwelling-house is located on the site’s southern side boundary; this adjoining site has a swimming pool under construction in its rear yard.  Facing the site’s rear western boundary are dwelling-houses in Rothwell Crescent and a two storey dwelling-house with access to Little Street.  Site Location Plan and Neighbour Notification Plan attached (AT1 and (AT2).

 

PROPOSAL:

 

The application is for changes to the existing dwelling-house on the approved front lot, and for a two storey dwelling-house on the approved rear lot.  The features of each dwelling-house are described below.

 

(i)         Dwelling-House A/Front lot

 

Alterations and additions are proposed to the existing part one and part two storey dwelling-house located towards the front of the site. 

 

The main features are a first floor addition and a detached double carport with a low pitched roof located at the front boundary that would be accessed from a recently constructed vehicular crossing.  A storage area is proposed under the carport.

 

A rear porch and adjoining steps, and access steps from the street to the front yard, would be removed.

 

The proposed additions would also include an attached main rear ground floor deck, and two smaller first floor rear decks, as well as front steps integrated into the carport.  An existing lower level store/workshop located at the rear south-western corner would be retained.  A detached pergola adjacent to the front ground floor lounge is proposed in front of the building line.

 

The main area of private open space for this dwelling-house would be located at the rear. 

 

(ii)        Dwelling-House B/Rear lot

 

A dwelling-house on two levels is proposed on the approved rear lot.  The proposed dwelling-house would be situated between Council’s two drainage easements and set back 8m from the rear boundary and about 6m from the site’s southern side boundary. 

 

The design would include an integrated double garage accessed by a battleaxe driveway approximately 33m long and generally 3.5m wide in front of which would be a manoeuvring area so both cars could exit the site in a forward direction.  The existing short concrete driveway and  detached carport would be removed.  Ground floor decks are proposed at the rear and on the southern side of the proposed dwelling-house as well as small balconies at the front and rear on each level.  Two rainwater tanks, with a total capacity of approximately 11,000 litres, are proposed adjacent to a rear deck. 

 

The main area of private open space for this dwelling-house would be at the rear and at the southern side. 

 

(iii)       Finishes

 

Both dwelling-houses would be of contemporary design, with external finishes primarily being rendered and painted walls, metal roofs, aluminium framed windows and doors and timber decks.

 

A distinctive design feature would be a split in each roof so as to create a north facing upper portion which would draw natural light into rooms on the southern side of each dwelling-house.

 

(iv)      Front Fence

 

Whilst the existing stone retaining wall on the front boundary would remain, the low metal palisade fence above it would be replaced with a 1.2m high metal picket fence.

 

(v)       Side Fences

 

A 1.8m high lapped and capped timber fence on a masonry base is proposed on the northern boundary of the front lot.

 

A 1.5m high timber paling fence is proposed along part of the northern side of the battleaxe driveway; in the first 9m or so this would become a timber fence above a rendered masonry base with an overall height that reduces to only 900mm at the front boundary.

 

PREVIOUS APPROVALS/HISTORY:

 

In July 2005 the applicant of the current development application also submitted Development Application D212/05 for the subdivision of the subject site into two Torrens title lots. 

 

The application was approved by Council subject to a deferred commencement consent in April 2006.   The required information was submitted and consent granted on 11 April 2007.

 

The development consent included an amendment of condition 6 (the list of approved plans) and the addition of one new condition (condition 51).  The new condition required the occupant of a dwelling-house on the rear lot to install a permanent sign in the garage confirming that the culverts in the driveway should be kept clear of obstructions and cleaned regularly so that they would convey overland stormwater flow during extreme storm events. 

 

Of the approved plans two showed the indicative footprint of a future dwelling-house on the rear lot and proposed rear decks to the existing dwelling-house, a carport at the front boundary and the same subdivision pattern as shown on the current development application.   

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Each dwelling-house, the front carport and the front fence, have been assessed under Council’s Code and Development Application Checklist For Dwelling Houses, Fences, Private Swimming Pools and Outbuildings, August 2002 (the Code).  A summary of this assessment is given in the following four tables.

 

TABLE 1:        DWELLING-HOUSES ‘A’ AND ‘B’

 

Site Area:  Front lot/Dwelling A:  599.9m2; rear lot/Dwelling B:  694m2 (excludes access handle of 122m2)

 

PROPOSED DWELLING

CODE

COMPLIES DWELLING

A

B

A

B

Floor Space Ratio (max)

0.465:1

0.436:1

0.5:1

yes (subject to condition)

yes

Soft Landscaped Area (min)

> 35%

> 40%

35%

yes

yes

Side Boundary Setback (min):

            Ground floor

            Ground floor

 

N 1m-1.35m

S 1.4m

 

1.5m

3m

 

1 storey: 1.2m

 

 

no, in part

yes

 

yes

yes

            First floor

            First floor

N 2.1m

S 2.1m

1.5m

3.9m

2 storey: 1.5m

yes

yes

yes

yes

Overall Height (m) (max)

9.5m

8.8m

9.5m

yes

yes

Ceiling Height (m)(max)

7.6m

8.3m

7.0m

no

no

No of Storeys

2-3

2

2

No, but area restricted by condition

yes

Building Line   (max)

6.5m (pergola)

> 7.5m

7.5m

No, but conditioned to comply

yes

Foreshore Building Line (min)

n/a

-

-

-

-

 

Cut       (max)

Fill

n/a

n/a

< 300mm

< 600mm

1m

n/a

yes

Deck/Balcony width (max)

2.35m-4.5m

1.6m

3m (if elevated by >1m)

No, but conditioned to comply 

yes

Solar Access    (min)

< 3 hrs to some windows

Not an issue

3 hours to north elevation

no

-

BASIX Certificate

Supplied

Supplied

BASIX Certificate required

yes

yes

 

 

TABLE 2:        CARPORT IN FRONT OF BUILDING LINE (DWELLING-HOUSE ‘A’)

 

 

PROPOSED

CODE

COMPLIES

Building Line (min)

1m

7.5m

no

Proportion of Allotment Width

 

5.6m

50% or 6m, whichever is the lesser, 6m is the lesser

yes

Setback of Posts (min)

1m

1m

yes

 

 

TABLE 3:        CARPORT (OUTBUILDING  FOR DWELLING-HOUSE ‘A’)

 

 

PROPOSED

CODE

COMPLIES

Height (max)

4.8m

3.6m

no

Floorspace (max)

59.5m2

Not to exceed 10% of lot or 55m2 – whichever is the lesser – 55m2 is the lesser

no

Rise (max)

2 storeys

1 storey

no

Roof

Not an issue

May be designed or used as a loft, or storage space

-

Occupied area (max) i.e. dwelling-house (inc. rear deck, front pergola) & carport

36% i.e. 216m2

Not > 2/3 of site, i.e. 400m2

yes

Unoccupied area (min)

> 46.4m2

Not < 46.4m2

yes

 

 

TABLE 4:        FRONT FENCE (DWELLING-HOUSE ‘A’)

 

 

PROPOSED

CODE

COMPLIES

Height (max)

1.2m

900mm

No, but acceptable due to design

% Open Where > 900mm in Height  (min)

> 50%

50%

yes

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

nil

1m

No, but acceptable due to design

Splays

Not required

1m

n/a due to design

 

 

REFERRALS:

 

Building Surveyor

 

The Building Surveyor has provided conditions.

 

Development Engineer

 

The Engineer has advised:

 

(i)         Front lot/dwelling-house A

 

Confirms that:

 

   a vehicular crossing has been constructed;

   stormwater would drain to Council’s easement at the rear of the lot; and

   an OSD system would be unnecessary as the increase  in impervious area would not exceed 50m2.

 

(ii)        Rear lot/dwelling-house B

 

Confirms that:

 

   a vehicular crossing has been constructed;

   two Council drainage easements traverse the property;

   stormwater would drain to Council’s easement; and

   an OSD system would be unnecessary as the applicant would install a rainwater reuse system of at least 10,000 litres.

 

He further recommends conditions for each dwelling-house that include requiring stormwater to drain to Council’s easement; rainwater reuse tanks; excavation greater than 1m in depth and within 5m of adjoining structures; erosion and sediment control measures; works on Council property and the relocation of public utilities.

 

In addition, specific conditions are provided to address a requirement of the earlier subdivision approval regarding the construction of culverts on the rear lot, and to include a Positive Covenant regarding their ongoing maintenance.

 

Council’s Arborist

 

The Arborist confirms that the additional information requested has been addressed in an Arborist’s report submitted by the applicant.  Of the 13 trees listed to be removed in the earlier subdivision consent all 13 are shown to be removed under this development application. 

Comments on two other trees:  Tree 27, a Sydney Blue Gum which straddles the common boundary of the rear lot and the adjoining villa (villa 7), and Tree 28, a Blackbutt located in the rear courtyard of the villa along the northern boundary (villa 8).  

 

Confirms that Tree 27 has recently shed three large limbs that have damaged the roof of the pergola at the rear of villa 7.  The owner of this villa has requested that the tree be removed and Council has granted this request. 

 

Confirms that Tree 28 exhibits structural defects at the base of the trunk and may not be suitable for retention in the long term.  Adds that one of its trunks that overhangs the subject site may need to be pruned.  In addition confirms this tree would be vulnerable to damage due to the excavation of a proposed stormwater line located within the northern setback of Dwelling-house B because this would sever approximately 50% of the tree’s root system, including those that help support the tree.  Concurs with the recommendation of the applicant’s Arborist prohibiting any excavation within 6m of the radius of this tree and that the position of the stormwater line should be altered.

 

Recommends conditions consistent with the Arborist's report.  Confirms which 14 trees are to be retained and protected (including Tree 28); requires the protection of the two Bottlebrush trees on the verge in front of the site; and the replacement of all 14 trees to be removed (including Tree 27) with the same species.  In addition requires the retention and protection of a Magnolia tree located at the rear of Dwelling-house A but which was not included in the applicant’s Arborist’s report. 

 

ASSESSMENT

 

SECTION 79C(1)(a)

 

Lane Cove LOCAL Environmental Plan 1987 (the LEP)

 

The proposed development is permissible in the residential 2(a1) Zone with Council’s consent.  The relevant objective of this zone is “to retain and where appropriate improve the existing residential amenity of a detached single family dwelling area”. 

 

Whether new residential development on the site would satisfy this objective has partly been decided in Council’s assessment of the earlier subdivision proposal.  In particular notwithstanding the removal of some 13 trees from the site, the subdivision consent confirmed that a second dwelling-house on a new rear lot would be feasible.

 

Set within these parameters, the residential development proposed on the site would satisfy the objective of the zone under the LEP. 

 

Other Planning Instruments

 

SEPP 55: Remediation of Land

 

Both the subject site, and adjoining sites, are zoned residential.  Given the types of uses permissible within residential zones it is unlikely that the site would be contaminated.

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 prescribes matters to be considered for new development.  These matters include safety standards for demolition and compliance with AS 2601-2001.  Demolition works are proposed at the rear of the existing dwelling-house; and also include the removal of the front steps; concrete driveway and carport.  These requirements are addressed by condition 79 included in the Recommendation to this report.

 

Variations to Council’s Codes/PolicIes

 

The four preceding policy assessment tables identify those controls that the proposal would not comply with.  As indicated in Table 1 Dwelling-House B (DHB) would comply with nearly all of the numerical requirements of Council’s Code and Development Application Checklist For Dwelling Houses, Fences, Private Swimming Pools and Outbuildings, August 2002 (the Code).  However Table 1 also shows that Dwelling-House A (DHA) would result in a number of non-compliances, whilst Tables 2, 3 and 4 indicate that the carport and the front fence proposed for DHA would also result in minor departures.  Each departure is discussed below.

 

 

 

Table 1:  Dwelling-Houses A and B

 

(i)         Side Setback

 

Part 3.8 (Setbacks To Side Boundaries) of the Code requires single storey development to have a minimum side setback standard of 1.2m and has the following objectives:

 

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

 

            (b)        Enable views between dwellings where applicable.”

 

The minimum ground floor setback from one side boundary of DHA would be under 1.2m.  On its northern side the minimum setback would be 1m, whilst on the southern side its existing setback of 1.4m would remain.  The Code also requires a dwelling-house to have a minimum side setback of 1.5m at the first floor level.  By contrast both dwelling-houses would meet this requirement.  Despite the non-compliance the ground floor setback is recommended for support because:

 

     the departure on the north side of 200mm would be marginal and would only affect an existing chimney; the rest of the dwelling-house on this side would comply;

     the northern side boundary of DHA would be a common boundary to the 3.5m wide battleaxe handle providing access to DHB;

     the objectives of the Code would be met; on its northern side this structure would not cause any privacy issue; there would be sufficient setback for new landscaping, and views between dwellings would not be an issue; and

     no objection has been submitted to this non-compliance.

 

(ii)       Height

 

The table shows that both dwelling-houses would result in departures from one of the two height controls under Part 3.3 (Height) of the Code.  Under the Code the height objectives are:

 

            “(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.”

 

The Code has two height restrictions which are:

 

         (a)       overall height:  also referred to as maximum ridge height, the Code restricts this to 9.5m above natural ground level;

         (b)       ceiling height:  the Code restricts this to 7m above natural ground level; the Code may also allow a variation e.g. where a raked ceiling is proposed, (in the absence of a flat ceiling) provided the objectives would be satisfied.

 

Each dwelling-house would have a ceiling height greater than 7m.  The non-compliance would be caused by the roof design of each dwelling-house where part of the roof would be angled upwards to draw in northern light to south facing rooms.

 

On its southern elevation DHA would have a ceiling height greater than 7m for about half its length and a maximum of 7.6m at the rear.

The high ridge over the centre of DHB would cause its ceiling height to vary between about 7.5m and 8.3m. 

 

Despite the non-compliance each departure is recommended for support because:

 

   the maximum ridge height of each dwelling-house would comply;

   the ceiling height of DHA would only exceed 7m for a relatively short length of 4m;

   the ceiling height of DHB would only exceed 7m for the width of the entrance hall of about 2.5m; and

   the objectives of the Code would be satisfied.

 

(iii)      Number of Storeys

 

Part 3.3 of the Code restricts a dwelling-house to two storeys above natural ground level, although a third storey is permissible within the roof space.  Under the Code where the height of a workshop or storeroom between natural ground level (at any point) and the top of the floor above is 1.5m or more, the whole area is counted as a storey.

 

The non-compliance arises because there is an existing workshop/storeroom at the south-western, rear corner of DHA, which in part has a maximum floor to ceiling height of about 1.9m.  This room is accessed from a rear door.  Under the Code the whole of this subfloor would be counted as a storey making all of the existing dwelling-house 2 storeys.  However, the use of the subfloor area has been discussed with the applicant and condition 3 is recommended to ensure that other than the existing workshop/storeroom area of about 11m2 access to the rest of the floor (other than for pest or termite inspections) would be prevented.  Access for the purposes stated would be restricted to another existing, but much smaller, low level door on the north side of DHA. 

 

Consequently this non-compliance is recommended for support because:

 

   the objectives under the Code in relation to height, bulk and scale and reasonable solar access would be satisfied, whilst views would not be an issue;

   subject to condition 3 the area of non-compliance would be limited to about 11m2;

   if access to the existing workshop/storeroom was prevented the height, bulk and scale of DHA would not change; and

 

 (iv)     Building Line

 

Part 3.7 of the Code requires a standard building line of 7.5m from the front boundary line and sets the following 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.”

 

Also under Part 3.7 of the Code a carport on a building line less than 7.5m may be permitted if the following criteria can be met:

 

            (i)         it would be of an open design and afford minimal impact on the streetscape;

 

            (ii)        it would not exceed more than 50% of the total width of the allotment frontage or 6m (whichever is lesser);

 

            (iii)        it would not have a trafficable roof;

 

            (iv)       any security gates would be of an open design; and

 

            (v)        its support posts would be set back a minimum of 1m from the street alignment.

 

Although DHA has an existing building line of about 8.5m the detached pergola proposed immediately in front of the ground floor lounge room would reduce the building line to about 6.5m.  In addition the detached carport would only be set back 1m from the front boundary.

The pergola non-compliance has been discussed with the applicant.  Condition 4 is recommended to reduce its width (depth) so that the building line of 7.5m would be achieved which would also be in line with the front of the adjoining villa development.

 

In relation to the carport the departure shown in Table 2 is recommended for support because:

 

                the approved subdivision plan indicated the carport in this location;

   in relation to the five criteria stated previously because the carport would be of an open design its impact on the streetscape would be minimal; in addition the numerical criteria under points (ii) and (v) would be satisfied, and it would not have a trafficable roof or security gates; and

 

(v)       Deck/balcony Width

 

Under Part 3.6 of the Code (Privacy And Overlooking) the objective is to ensure that:

 

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

 

Under the Code a deck, terrace or balcony more than 1m above natural ground level is not to exceed a standard width of 3m of useable area. 

 

Only the rear ground floor deck of DHA would contravene this standard because it would have a maximum width of 4.5m towards its northern end.  This issue has been discussed with the applicant.  Condition 5 is recommended so that the deck would be squared off and the width of the deck reduced to 3m.  However, despite the purpose of condition 5 the deck, and the two decks above, would enable overlooking of some of the windows of the adjoining dwelling-house to the south, and/or some of the windows and/or the adjoining courtyard, of the two front villas to the north, i.e. villas 5 and 6.  Condition 6 is therefore recommended requiring a 1.7m high privacy screen along both ends of the rear decks at each level to ensure that the objective of the Code would be satisfied.

 

(vi)      Solar Access

 

Under Part 3.4 (Solar Access) of the Code the objective is to:

 

            Provide reasonable access to habitable rooms and recreational areas.”

 

Under the Code the standard is that a building or additions shall be designed to give reasonable sunlight to the habitable rooms and recreational areas of adjoining premises between 9am and 3pm on June 22nd.  In particular, dwellings are to be designed so that a portion of north facing windows of neighbouring dwellings receive at least 3 hours of sun between these times.  The Land and Environment Court has set a Planning principle requiring at least 50% of the area of a north facing window to be in sunlight.

 

The attached table (at AT3) compares the existing solar access received by the north facing windows of the adjoining property at 15 Phoenix Street with the amount of solar access these same windows would receive as a result of the proposed first floor addition to DHA based on the LEC’s Planning principle.

 

The table confirms that the amount of solar access that would be received does not fully comply, but is considered reasonable.  The submitted shadow plans confirm that the amount of solar access over the front and rear yards of this adjoining dwelling-house would also be reasonable.

 

Table 3:          Carport (Outbuilding for Dwelling House A)

 

Under Part 6 of the Code the objective for Outbuildings is:

 

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

 

All three departures are interrelated to the proposed use of the area below the carport slab for storage.  Consequently the height, floor space and rise of the proposed carport includes this lower level.

 

In relation to the first non-compliance the Code may permit a carport with a height greater than 3.6m where it would:

 

   be sited on sloping ground;

   have a minimum setback of 900mm; and

   where Council would be satisfied it would not materially affect the amenity of any adjoining site.

 

In relation to these three criteria the height non-compliance is recommended for support because:

 

   the front yard is well below the level of Council’s verge the carport would be located on sloping ground;

   the carport would be set back 1m from the front boundary; 9.5m from the northern side boundary and 1.5m from the southern side boundary, i.e. in compliance with, or well in excess of, that required under the Code; and

   its impact on the amenity of the adjoining lot to the south would be reasonable, whilst it would have no impact on the amenity of the adjoining villa development to the north.

 

In addition the structure can be supported because:

 

   half of the structure would generally not be visible viewed from the street level;

   it would be designed and would use materials compatible with DHA; and

   it would be similar to a carport located at the front of the adjoining lot at 15 Phoenix Street.

 

Table 4:          Front Fencing

 

A new fence is proposed along the front boundary of DHA.  Although there are no objectives for fencing under the Code the table shows two departures from those numerical requirements under Part 4 of the Code.  The table also confirms that as the fence would only be 1.2m high, and designed to be more than 50% open, both variations are permissible under the Code.  In addition due to the fall in ground level between the verge and front yard the current low fence does not comply with the minimum height requirement of 1m under the BCA and therefore must be replaced. 

 

SECTION 79C(1)(b)

 

Impacts

 

(i)         Natural Impact

 

The footprint of the proposed dwelling-house on the approved rear lot would have a more significant impact on the natural environment compared to those works proposed for the existing dwelling-house.  However, as the subdivision consent allowed the removal of a number of trees from the site, the impact of the dwelling-house would  only involve the removal of those same trees.  Of the three trees located at the rear of the front dwelling-house, Council’s Arborist requires a Magnolia to be retained as the other two trees are not significant.

 

Since the DA was lodged Tree 27 on the site’s common side boundary with villa 7 has shed limbs and Council’s permission has been given to remove this tree.  A tree in the rear yard of villa 8 is to be protected by condition.

 

The retention of the two Bottlebrush trees on the verge in front of the site would help to reduce the visual impact of both the proposed first floor addition to the front dwelling-house and its carport.

 

(ii)        Built Impact

 

The height, bulk and scale of the proposed development for the existing dwelling-house and the proposed dwelling-house generally complies with Council’s requirements.  Despite the removal of trees from the rear of the site, the footprint of the proposed dwelling-house is relatively small and consistent with that shown on the approved subdivision plans.  The footprint of the existing dwelling-house is also similar.  However, the front dwelling-house would reduce the solar access to the adjoining property to the south at 15 Phoenix Street and in addition would cause overlooking to this property and villas 5 and 6 on the opposite side of the site.  The proposed rear dwelling-house would  overlook 15 Phoenix Street as well as villa 8. 

 

Although from the attached table the shadow impact on 15 Phoenix Street shows that some habitable windows would not receive 3 hours solar access, the proposed reduction would not be unreasonable given the secondary light source to some windows and the marginal reduction to a single bedroom window.

 

The overlooking potential of both dwelling-houses has been addressed by draft conditions requiring the treatment of some windows and decks, and the deletion of one large deck on the southern side of the proposed dwelling-house B.  In addition a condition (Condition 12) requiring natural screening at the front of dwelling-house B would reduce its potential to overlook the swimming pool and yard of 15 Phoenix Street.  The impact of the carport on this same property would be reduced by the physical screening along its southern side. 

 

Two storey dwelling-houses are permissible in the Residential 2(a1) Zone under the LEP, and not withstanding the adjoining villa development, is becoming the predominant type of dwelling-house development in the area.  The proposed development is consistent with this trend and addresses the site’s development potential as a result of its recent subdivision.

 

SECTION 79C(1)(c) Suitability of the Site

 

In approving the recent subdivision Council has determined that the site is suitable for two Torrens title lots and that a dwelling-house would be suitable on each lot.  The development proposed on the site is consistent with the footprint of each dwelling-house and the carport shown on the approved subdivision plans.

 

Whilst the development has been criticised for proposing a dwelling-house of 2 storeys on each lot, this is both consistent with the development permissible in the locality and the position of each dwelling-house shown on the earlier subdivision.

 

Subject to conditions which would reduce the overlooking potential of both dwelling-houses on adjoining properties; protect trees to be retained on the site and control stormwater, the site is suitable for the residential development proposed.

 

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

 

Eleven submissions were received in response to the notification of the development application.  Individual objections were received from the owner of villa 1, and the owners of the four villas along the site’s northern, side boundary, (i.e. villas 5, 6, 7 and 8).  A proforma-style objection  was submitted by the Strata Manager of the adjoining villas which also included the signature of the owner of villa 4.  In addition individual objections were submitted by the owners of the adjoining property to the south of the site at 15 Phoenix Street; and the owners of dwelling-houses at the rear of the site at 9 and 11 Rothwell Crescent, and 5/38A Little Street.  The issues raised in these submissions can be summarised as follows:

 

(i)         Loss of Trees

 

Development would encroach on “timber corridor” used by birds and which would cause a gap that would be contrary to the character of the area; trees should be preserved due to their size and height; trees should be protected during construction; the development could have an adverse impact on trees to be retained causing further loss of trees including those in the adjoining villas; dwelling-house B would block the tree outlook from some villas, if it were reduced to a single storey it would reduce the danger both to trees and nearby residents’ trees; request unbiased tree report; Tree 28 in rear yard of villa 8 would be threatened.

 

Comment

 

The development results in the loss of the same 13 trees allowed to be removed under the earlier subdivision consent.  Tree 27 along the common boundary to villa 7 has recently shed some limbs and can also be removed.  All remaining 13 trees on the site, as well as Tree 28, have been conditioned to be protected by Council’s Arborist in accordance with the applicant’s Arborist’s report. 

 

(ii)        Overshadowing and Loss of Light

 

The owners of 15 Phoenix Street state that each dwelling-house would cause unreasonable overshadowing of their property including both the front and rear yards, and that this would be exacerbated by the overall height of Building A and the position of its carport, and dwelling-house B being two storeys built above a mound.  The owner of villa 6 is concerned that the new first floor level over dwelling-house A would reduce morning sun.

The owner of a dwelling-house at the rear and the owners of villas 7 and 8 are concerned by the effect of dwelling-house B on light, with one owner concerned there is no spring or summer shadow information.

 

Comment

 

The earlier comments in relation to Solar access confirm that the adjoining property to the south at 15 Phoenix Street would receive a reasonable level of solar access to the dwelling-house windows and both its front and rear yards.  The same owner’s concerns regarding a main skylight located over the hall are not supported as the hall is not a habitable room under the Code.  Although this skylight does reflect light down into the lower level family/kitchen room, this area has other light sources.  This skylight would still receive about 2½ hours sunlight under the proposal.  Another skylight has not been considered as it is situated on the southern side of the objector’s dwelling-house roof.  None of the dwelling-houses of the other objectors would be affected by overshadowing.   

 

(iii)       Loss of Privacy

 

Dwelling-house B is too close to rear boundary; concerned by noise from decks and entertaining areas and first floor bedroom balconies; located on rear mound on a higher level causing a viewing platform over the rear yard and towards the main bedroom and family area at the rear of 15 Phoenix Street – require condition to provide screening.

 

Trees at rear and along the site’s northern side boundary should be retained; move dwelling-house B close to the site’s southern side boundary; relocate the rear Jacaranda, or attach lattice to end of decking.

 

Dwelling-house B would affect windows and courtyards of some of the villas on the northern side of the site; in addition, the first floor study window on the north side of dwelling-house A would cause overlooking.

 

Comment

 

Dwelling-house B has setbacks that comply with the Code; its rear decks would be set back between 8m and 10.5m from the rear boundary, and there would be a significant distance between these decks and the rear of the dwelling-houses in Rothwell Crescent and Little Street, which have trees in their rear yards which would assist in reducing overlooking.  The rear Jacaranda cannot be relocated, and was approved to be removed under the subdivision consent.  Moving this dwelling-house to the southern side boundary would only exacerbate the problem of overlooking concerning 15 Phoenix Street. 

 

Dwelling-house B does cause a loss of privacy on either side, particularly over the rear yard and the family areas at the back of 15 Phoenix Street, and villa 8 located at the rear of the four villas along the site’s northern, side boundary.  To reduce the impact of dwelling-house B on these adjoining properties condition 12 recommends the deletion of the ground floor deck on its southern side and its ground floor south facing windows are fixed.  Condition 12 also recommends planting in the front and to the side of the lawn adjacent to the ground floor lounge.  In addition condition 11 recommends a number of ground and first floor level windows have high sills or are to be treated in obscure glass and that the rear ground floor deck has a privacy screen on its northern side. 

 

By contrast, the outlook from the study room of dwelling-house A would be impaired by existing screen planting in the rear yard of villa 5, and is not a significant concern to the owner of villa 6.  However, condition 6 is recommended to reduce the overlooking potential from each side of the rear ground and first floor balconies.

 

In addition conditions 7 and 8 are recommended to reduce potential overlooking into the swimming pool and a north facing bedroom window of 15 Phoenix Street respectively from Dwelling-House A.

 

Subject to conditions the overlooking potential from both dwelling-houses would not be unreasonable.

 

(iv)      Dwelling-house B on rear lot

 

Out of character and too high; inappropriately located in an elevated position that would dwarf adjacent villas and 15 Phoenix Street – similar sized dwelling-houses are at the front; should be one storey.

 

Windows and walls would reflect heat onto adjoining villas; would block view from villas; garage would be potential source of pollution.

Comment

 

The design is contemporary and complies with the Code; its footprint was shown on the approved subdivision and it would be located on a mound that has been natural ground level at the rear of the site for many years.  Its external finishes are common and condition (63) is proposed to address roof reflectivity, whilst the dwelling-house satisfies BASIX requirements.  The use of the garage would be no different from that permissible on any other battleaxe block and its visual impact would be reduced by a common boundary fence about 2.2m in height.

 

A two-storey dwelling-house is permissible on the rear lot, and relative to the two adjoining villas the maximum ridge height of the proposed dwelling-house would be 2.3m above the maximum ridge height of villa 7, and 2.92m above the maximum ridge height of villa 8.  This height difference is reasonable considering the courtyard level of each villa is similar to the corresponding ground level of the site.

 

(v)       Dwelling-house A on front lot

 

Would not fit into surroundings.  First floor addition would be imposing and create a bulky, square second storey.  Relocate carport to northern side to reduce its impact on a child’s bedroom from noise and car headlights and to reduce overshadowing.

 

Comment

 

The dwelling-house would be of a contemporary design with only minor changes to its existing footprint, and it would be located as shown on the approved subdivision plan.  With its split roof the first floor addition would reduce its perceived bulk. 

 

The position of the proposed carport was shown on the approved subdivision.  The applicant has indicated that the carport’s position is consistent with suggestions at the time of the subdivision that it should be located away from the existing driveway along the site’s northern, side boundary due to safety concerns regarding the childcare centre opposite.  Since the subdivision approval Council has approved the location of a new crossing that would serve the carport.  A physical screen on the carport’s southern side would reduce its impact on the front bedroom of the adjoining dwelling-house at 15 Phoenix Street.

 

(vi)      Criticisms About the Application

 

Development does not prove that it would be sympathetic to, and have a harmonious relationship with, adjoining development or preserve existing character.  Two storey development would impact on privacy, solar access, loss of views, visual impact and streetscape.  Streetscape would change significantly; currently it is an harmonious line of single storey homes – the development would be twice the height of others.  Moved here to obtain single storey living in an area of single storey houses.

 

Comment

 

The footprint of each proposed dwelling-house was shown on the approved subdivision.  The dwelling-house on the rear lot generally complies with the requirements of the Code.  Despite the non-compliances in relation to the dwelling-house on the front lot, none are so significant to warrant refusal of the application.  Conditions are recommended to improve the level of privacy on adjoining properties.

 

The subject site does not offer significant views.  Views across somebody else’s land should be no guarantee of the amenity this offers to adjoining neighbours.

 

The locality permits two storey dwelling-houses and Phoenix Street is a mix of both one and two storey residential development.  Since the gazettal of the current LEP (in 1987) potential purchasers of adjoining developments would have been aware that the site was large enough to be subdivided into two Torrens title lots and that a two storey dwelling-house could be permissible on each lot.

 

(vii)     Property values

 

Would reduce property values.

 

Comment

 

No evidence has been submitted to support this concern.

 

(viii)    Notification

 

Council’s notification of the development application was misleading as no mention was made of the proposed first floor addition over the front dwelling-house.  As such this could have a bearing on the quality of the consultation process.

 

Comment

 

The development application was renotified from the end of January this year with an amended description that included  a reference to a first floor to the existing dwelling-house.  Since no new submissions were received, it would appear that Council’s initial and subsequent notification of the proposal drew objections only from those property owners wishing to make submissions.

 

(ix)       Proposed Landscaping

 

Species included on the proposed landscape plans are inappropriate and would not provide sufficient screening and are generally slow growing.  Request all trees grow to 15m and are evergreens.  The area is already moist and damp and mosquitoes are a problem.  The proposed pond (in the rear yard) for dwelling-house B would attract mosquitoes and restrict outdoor living.

 

Comment

 

The objector’s site benefits from the screening provided by the retention of trees towards the rear of the site.  The subdivision approval imposed conditions to control stormwater, and these are repeated for this development.  Measures required to dispose of stormwater from the new development should counteract existing moist and damp conditions.  The use of water features on residential sites is becoming more common, but generally do not require Council’s control.

 

SECTION 79C(1)(e) The public interest

 

Although the main impact of the proposed development would be overlooking of adjoining properties, the privacy interests of those property owners affected can largely be addressed by conditions. 

 

In the wider public interest conditions are recommended to protect those on-site trees not shown to be removed.  In addition a condition is recommended to protect the tree in the courtyard of an adjoining villa (villa 8).  The protection of the trees on the site would assist in maintaining the tree corridor between Pottery Green and the golf course.  This would benefit the locality in terms of its visual impact and the retention of the habitat of native fauna. 

 

 

 

 

CONCLUSION

 

The application is for further residential development on a site of over 1400m2 that has been approved for subdivision into two Torrens title lots.  Alterations and additions, including a first floor addition, are proposed to an existing dwelling-house located at the front of the site, and a two storey dwelling-house is proposed at the rear.

 

A total of 11 objections have been submitted raising concerns with the proposal from, or on behalf of, adjoining property owners.  Principal concerns raised are the loss of trees from the site, and the overall height and overlooking potential of each dwelling-house.  Particular concern regarding a reduction in solar access has been raised by an adjoining property owner at 15 Phoenix Street.

 

The removal a number of the site’s existing trees has been approved by Council under the recent subdivision.  Although the proposed changes to the existing dwelling-house would cause some non-compliances with Council’s requirements, none are so significant to warrant refusal of the application.  By contrast the proposed dwelling-house at the rear of the site complies with nearly all of Council’s requirements. 


Overall the proposed development is reasonable and matters in relation to Section 79C considerations have been satisfied. 
Consequently the application is recommended for approval as a deferred commencement consent which would take effect from the registration of the subdivision certificate.

 

 

RECOMMENDATION

 

That:-

 

A.         Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, the Council grants a deferred development consent to Development Application 341/07 for alterations and additions to an existing dwelling-house (dwelling-house A) including minor demolition at the rear; a new first floor level; front pergola; carport and front and side fences, and the erection of a two storey dwelling-house (dwelling-house B) with integrated double garage; a new driveway fence and rainwater tanks, on the existing site being Lot 20, DP 1288 and known as 13 Phoenix Street, Lane Cove, subject to the registration of the subdivision of the site into two Torrens title lots approved by Council on 11 April 2007.

 

            Documentary evidence as requested of the above information must be submitted to Council within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

B.         Subject to A above being satisfied, a development consent and plans be issued, subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawing numbers:

 

            (i)         General

 

                        DA01, Issue E, dated 8.2.08;

                        DA02, Issue C, dated 11.9.07; and

                        DA24, Issue O, dated 8.2.08; (as amended by Council on 8.4.08); and

 

            (ii)        Dwelling-house A

 

                        DA03-07, and DA09-11, Issue C, dated 11.9.07; and

                        DA08, Issue D, dated 22.10.07; and

 

            (iii)       Dwelling-house B

 

                        DA12, Issue D, dated 30.1.08;

                        DA13-19, Issue C, dated 11.9.07;

 

            by STC Architects.

 

Specific

 

(i)         Dwelling-house A/front lot

 

2.         In order to reduce overshadowing to 15 Phoenix Street, the maximum height must not exceed RL 63.18 and the maximum eave width on the southern side must not exceed 440mm.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.         In order to reduce its gross floor area potential to about 11m2, and to prevent access to the rest of this lower floor level, the internal walls of the workshop/storeroom at the rear, south-western corner are to be bricked in.  Pest and/or termite inspections are only to be provided from the existing access door located on the northern elevation.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.         In order to maintain a front setback consistent with the adjoining villa development, the detached front pergola is to be set back a minimum of 7.5m from the front boundary.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce the potential use of the attached rear ground floor deck, its width (depth) must not exceed 3m.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.         In order to maintain the privacy of 15 Phoenix Street, and villas 5 and 6, a privacy screen 1.7m in height above the FFL of the rear attached ground floor deck and both rear first floor decks, is to be erected along its extreme northern and southern sides.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.         In order to reduce the overlooking potential from the rear attached ground floor deck into the swimming pool of 15 Phoenix Street, the Camellia tree (located between the Orange tree and Magnolia tree) is to be retained or, alternatively, if this tree is removed a privacy screen 1.7m in height above the FFL of this deck is to be attached to its rear, western side from the corner of the deck up to the Magnolia tree.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

8.         In order to reduce overlooking into a bedroom window located towards the centre on the north elevation of 15 Phoenix Street, the window on the southern side of the ground floor family room is to be finished in obscure glass up to a height of 1.7m above the FFL or, alternatively, the sill of this window is to be raised to this same height.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

 

9.         The kitchenette at the first floor level is only to be equipped with a bar sink and bar fridge, and this level is not to be used as a separate occupancy.

 

10.       In order to comply with clause 3.8.3.3 of the Building Code of Australia, the door to the ground floor WC and first floor bathroom must:

 

            (i)         open outwards, or

            (ii)        slide, or

            (iii)       be readily removable from the outside of the sanitary compartment.

 

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

 

            (ii)        Dwelling-House B/rear lot

 

11.       In order to reduce the overlooking potential to the windows and courtyard on the southern side of villa 8 the following windows are to be finished in obscure glass up to a height of 1.7m above the relevant FFL of the corresponding room or, alternatively, are to have a sill height up to this same level:

 

   all three ground floor family room windows;

   the first floor bathroom, ensuite and each window of bedroom 1;

   and in addition, an angled privacy screen 1.7m in height above the FFL of the rear ground floor deck is to be attached to its northern side and angled to prevent overlooking of villa 8.

 

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

 

12.       The following design changes or landscaping are required in order to reduce the potential for overlooking of both the rear of the dwelling-house at 15 Phoenix Street as well as its rear yard:

           

   the ground floor deck on the southern side is to be deleted;

   the ground floor kitchen, dining and lounge windows on the southern side are to be fixed; and

   planting of locally indigenous species (e.g. Blueberry Ash) at an initial height of 2m is required for a distance of 4.5m to the east, and then returning for a distance of 4.5m to the north, in front of the ground floor lounge.

 

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

 

13.       A permanent sign is to be provided in the garage stating that the grated culverts in the driveway are for the purpose of conveying overland stormwater flows during extreme storm events, and that is the occupant’s responsibility to ensure that these are kept clear of obstructions and regularly cleaned.

 

14.       The kitchenette at the first floor level is only to be equipped with a bar sink and bar fridge, and this level is not to be used as a separate occupancy.

 

15.       In order to comply with clause 3.8.3.3 of the Building Code of Australia, the door to the first floor bathroom must:

 

            (i)         open outwards, or

            (ii)        slide, or

            (iii)       be readily removable from the outside of the sanitary compartment.

 

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

 

General

 

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

 

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

 

18.       (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.

 

19.       (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.

 

20.       (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.

 

21.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of either dwelling-house

 

22.       (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.

 

 

 

23.       (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.

 

24.       (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.

 

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

 

26.       (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.

 

27.       (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.

 

28.       (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.

 

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

 

30.       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.

 

31.       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.

 

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

 

33.       (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.

 

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

 

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

 

36.       (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.

 

37.       (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.

 

38.       (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.

 

39.       (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.

 

40.       (70) Protection of each dwelling-house against subterranean termites must be carried out in accordance with AS.3660.

 

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

 

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

 

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

 

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

 

45.       (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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

53.       (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.

 

54.       (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.

 

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

 

Landscape

 

56.       (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.

 

57.       (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.

 

58.       (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.

 

59.       (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.

 

 

 

 

60.       (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.

 

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

 

62.       (307a)  Any weeds listed 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.

 

63.       (308)  Rubbish must be stored and 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.

 

64.       (317)  A 1.8 m high fence of chain mesh shall be erected around the two street trees encompassing a radial distance of not less than 2m from the trunk of the trees and ending at the new driveway crossing on the south side. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

            A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION ZONE – 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.

 

65.       The existing Magnolia tree located adjacent to the south boundary line and behind the existing house must be retained and protected. A 1.8m high fence of chain mesh shall be erected a radial distance of not less than 4m from the trunk of the tree. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

66.       Trees to be retained shall be clearly identified on site by tagging with identification number and the radius of the TPZ as prescribed in Table 1 of the Tree Management Plan and Works Method Statement prepared by Ian English of Sydney Arboricultural Services dated 30.1.08. Those trees being removed shall be identified with marker pen. Identification of trees shall be to the satisfaction of Council’s Tree Assessment Officer. No site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

67.       The Arboricultural Recommendations and Specifications set out in the Tree Management Plan & Works Method Statement prepared by Ian English of Sydney Arboricultural Services dated 30/1/2008 must be followed at all stages of the development

 

68.       The following fourteen (14) trees shall be retained and protected:   1-3-4-5-6-7-8-9-10-11-12-13-14 and 28.  Remedial pruning of these trees shall only be carried out under Council’s Tree Preservation Order.

 

69.       (344)  All tree protection measures as specified in the Tree Management Plan & Works Method Statement prepared by Ian English of Sydney Arboricultural Services dated 30/1/2008 must be in place and approved by Council PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE, and must be maintained for the duration of works on the site.

 

70.       A copy of the Tree Management Plan & Works Method Statement referred to above shall be kept on site at all times for the duration of the development works. Any tradesperson working in close proximity to trees to be retained shall be made aware of the tree protection specifications in place.

 

71.       (359b)  Council’s Tree Preservation Officer is to view excavation works before backfilling. Arrangements for the officer to be on site must be made at least 2 business days in advance of backfilling.

 

72.       (363)  Any exposed roots on the soil surface along any excavated trench line must be protected using appropriate method as advised by a Level 5 Arborist. 

 

73.       The following fourteen (14) trees may be removed from the site: 2-15-16-17-18-19-20-21-22-23-24-25-26 and 27. The removed trees shall be replaced at a ratio of 1:1 and shall be of the same species composition. The replacement trees shall be 25L advanced pot size.

 

General Engineering Conditions/Front lot/Dwelling-House A

74.       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.

 

75.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to the Council easement. 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.

 

76.       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.

 

77.       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’.

 

78.       Rainwater Reuse Tanks

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

 

Note:

 

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

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

   The overflow from the Rainwater Reuse tank is to drain by gravity to the receiving system.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

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

 

 

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

 

80.       Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, on the private property, just prior to the stormwater connecting to the receiving system. The environmental pollution control pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

81.       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.

 

82.       Excavation greater than 1m

            Where there are structures on adjoining properties including all council infrastructures, located within five (5) metres of the proposed excavation.

 

The applicant shall:-

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

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

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

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

 

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

 

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

 

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

 

83.       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.

 

 

 

 

84.       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

85.       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. 

 

86.       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.

 

87.       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.

 

88.       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 Condition to be complied with Prior to Occupation Certificate

89.       Certificate of Satisfactory Completion.  Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters.  The plumber, builder is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the Principal Certifying Authority, prior to issue of any Occupation Certificate.

 

1)         Confirming that the site 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.

 

             

General Engineering Conditions/Rear lot/Dwelling-House B

90.       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.

 

91.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to the Council easement. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP Stormwater Management. The proposed culvert detailed in drawing 15244 H01 issue 3 by Wallis & Spratt Pty Ltd is to be added to the new stormwater plan and constructed prior to occupation of the dwelling. 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.

 

92.       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.

 

93.       Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, on the private property, just prior to the stormwater connecting to the receiving system.  The environmental pollution control pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

94.       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.

 

95.       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’.

 

96.       Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

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

 

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

 

98.       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.

 

99.       Excavation greater than 1m

            Where there are structures on adjoining properties including all council infrastructures, located within five (5) metres of the proposed excavation.

 

The applicant shall:-

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

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

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

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

 

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

 

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

 

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

 

100.     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.

 

101.     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.

 

102.     Construction near Drainage Easement / Pipeline.  The footings for proposed structures adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified by suitably qualified Engineer and be submitted to the principle certifying authority prior to the issue of the Construction Certificate.

 

103.     Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the culvert. Lodgement of this bond is required prior to the issue of the construction certificate.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

104.     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. 

 

105.     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.

 

106.     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.

 

107.     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

108.     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 the site 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.

 

109.     Work-As-Executed Plan.  A Work-As-Executed plan of the development is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate. The Work-As-Executed plan must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line. The Work-As-Executed plan is to be signed by a Registered Surveyor clearly showing the surveyor’s name and the date. The Work-As-Executed plan shall be in accordance with Council’s standards and specifications

 

110.     Culvert Certified On completion of the culvert the design engineer shall certify that the culvert has been constructed in accordance with the approved plans, Council’s DCP Stormwater Management and AS3500. All documentation is to be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

 

 

 

111.     Positive Covenant - (maintenance of culvert) Documents giving effect to the creation of a Positive Covenant over the culvert shall be registered on the title of the property prior to the issue of the Occupation Certificate. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919 is to burden the property with the requirement to maintain the culvert. The wording of the terms of the Positive Covenant shall be obtained from Council.  

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Solar access table for 15 Phoenix Street

2 Pages

 

 

 


Planning and Building Committee Meeting 21 April 2008

 

Environmental Services Division Report No. 142

 

 

 

 

 

Reference:    Environmental Services Division Report No. 142

Subject:          28 George Street, Greenwich    

Record No:    DA07/304-01 - 11958/08

Author(s):       Rajiv Shankar 

 

 

Property:                     28 George Street, Greenwich

 

DA No:                         D304/07

 

Date Lodged:              11 October 2007

Amended Plans:         Yes

 

Cost of Work:              $200 000

 

Owner             :                       P & A M Bennett

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to existing dwelling house and erection of a carport.

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?

Yes

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  2, 4, 6 Mitchell St, 26, 27, 29, 31 George St, 7, 9 Richard St, 

Ward Councillors       Clr R D’ Amico, Clr R Tudge, Clr T Lawson

Progress Association Greenwich Community Association

 

REASON FOR REFERRAL:

 

The application has been called to the Planning & Building Committee by Councillor Lawson because of objections and issues relating to view sharing.

 

EXECUTIVE SUMMARY:

 

The proposal is to carry out alterations and additions to an existing two storey dwelling house. The alterations include extension of the ground and first floors towards the rear, rear balconies and an external staircase. A carport is proposed in front of the building line. The existing garage is proposed to be extended and used as a studio.

 

Five objections have been received in response to the amended proposal. The resident of 2 Mitchell Street objects to loss of view of the Harbour Bridge, an iconic view and excessive building bulk. Residents of other adjoining properties, including No 2 Mitchell Street, object to loss of privacy from the proposed rear balconies, particularly because the rear balconies are accessible from a proposed external staircase which would enable the balconies to be use for entertainment purposes.

 

It is considered that to address the concerns raised by the neighbours, the rear balconies be deleted, the rear external staircase be deleted and the first floor not project beyond the line of the existing south facing external wall towards the rear of the dwelling house.  The application is recommended for approval subject to the above deletions and inclusion of appropriate draft conditions.

 

SITE:

 

The site is located on the southern side of George Street. The site is rectangular in shape and falls steeply away from the street.

 

The site features a two storey dwelling house with a steep roof pitch and a detached garage towards the rear along the western side boundary. Neighbouring to the east is a two storey brick dwelling house and towards the west is the rear of a two storey dwelling house. Site plan and notification plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for:

 

1.   Alterations and additions to the existing ground floor including extension towards the rear. The rear dining and kitchen have been stepped down. Towards the rear is proposed a 3.0m wide deck. The deck is accessible from a proposed external staircase adjoining the deck.

 

2.   Alterations and additions to the existing first floor including extension towards the rear to create a bed room and a walk in robe. The bedroom opens on to a 3.0m wide balcony which is also accessible from the same external staircase adjoining the deck towards the rear.

 

3.   An attic, accessible from the existing internal staircase, has been proposed within the existing roof space.

 

4.   The existing garage towards the rear of the property is proposed to be extended to accommodate a WC. The alterations include provision of three French Doors which open towards the rear open space. It is proposed to use the garage as a studio.

 

5.   A carport, with a roof pitch to match the existing dwelling house, is proposed in front of the existing building line.

 

6.   A new pedestrian opening & gate in the existing front fence to access the dwelling house from the street.

 

PREVIOUS APPROVALS/HISTORY:

 

Nil

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (566.5m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.43%

0.5

Yes

Soft Landscaped Area            (min)

46.9%

35%

Yes

Side Boundary Setback (min)

1100mm (existing)

1500mm

No

Overall Height (m)       (max)

9.0m (proposed rear extension roof)

9.5m

Yes

Ceiling Height (m)       (max)

7.5m (proposed rear extension)

9.4m (attic- roof existing)

7.0m

No

No of Storeys

2

2

Yes

Building Line    (max)

Existing/Unchanged

7.5m

NA

Foreshore Building Line(min)

NA

NA

NA

Cut and Fill      (max)

1m

1m

Yes

Deck/Balcony width    (max)

3m

3m (if elevated by >1m)

Yes

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

BASIX

Yes

Required

Yes

 

OUTBUILDINGS (GARAGE, CARPORT etc)

 

 

PROPOSED

CODE

COMPLIES

Maximum floor space

66.59

10% of the allotment or 55 sq. m which ever is lesser.

No

 

 

CARPORTS IN FRONT OF BUILDING LINE

 

 

PROPOSED

CODE

COMPLIES

Building Line    (min)

Nil

7.5m

No

Proportion of Allotment Width

5.6m

50% or 6m, whichever is the lesser

Yes

Setback of Posts (min)

1m

1m

Yes

Height (ceiling to natural ground level)

3.6m

3.6m

Yes

 

REFERRALS:

 

Manager Assets

 

No objections expressed subject to conditions which have been included in the conditions attached to this report.

 

Heritage Consultant

 

The Heritage Consultant has advised that the proposal for extension to the ground and first floor levels is compatible with the existing residence and is recessive to the streetscape.

 

However in relation to the carport, he is of the view that:

 

The proposal for the carport is dominant and prominent from the streetscape.  I recommend that the roof pitch be retained, matching the residence, but that the ridge be lowered, with the roof pane over the stairs coinciding with the stairs.  This will reduce the scale and bulk of the carport in relation to the residence, and views from neighbouring properties will be enhanced.

 

Officer’s comment:  Amended plans were submitted in line with the heritage consultant’s recommendations.

 

79 (C)(1)(a)  The provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Low Density Residential 2 (a2) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with development consent of Council.

 

Draft Lane Cove Local Environmental Plan 2007

 

There are no additional provisions that need to be considered with respect to the draft LEP.

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table, the proposal complies with most of the provisions and it is considered to achieve the objectives for each provision.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the following provisions:

 

1.         Side Boundary Setback (min):

 

The existing eastern side boundary is approximately 1100mm. The ground floor and the first floor additions follow the existing side boundary setback of the dwelling house which is considered acceptable. This is considered to achieve the objectives of the code which are to provide separation between dwellings for privacy and enable views between buildings.

 

2.         Ceiling Height (m) (max):

 

The maximum ceiling height of the proposed two storey extension towards the rear is 7.5m as against the Code’s requirement of 7.0m. The objective of the height control is to control the bulk and scale of the additions and to minimise disruption of existing view. The extension towards the rear disrupts views and completely obscures the iconic view of the harbour bridge, towards the rear of the property on No 2 Mitchell Street. Therefore it is considered that the proposal does not meet the objectives of Clause 3.3 for height of building.

 

In view of the above, condition 4 has been included in the conditions attached to this report, to reduce the building bulk of the proposal.

 

3.         Maximum floor space (Outbuildings, Carports etc):

 

A detached garage toward the rear of the property already exists. As the land slopes steeply towards the rear it is difficult to reverse a car up to the street. Therefore the applicant has proposed an addition carport in front of the building line. There are other examples of carports in front of the building line along the street.

 

The area of the carport and the outbuilding put together exceeds the maximum permissible. The objective of the outbuildings is to have a design that is compatible with the existing or proposed development and is in keeping with the amenity of the adjoining development. The proposed carport roof is compatible with the roof of the existing dwelling. The proposed carport does not impact upon the amenity of the adjoining development. Therefore it is considered that the proposal meets the objectives of Clause 6 for outbuildings.

 

4.         Carport within front Building Line (min)

 

The minimum front building line, as per Clause 3.7 of Councils DCP is 7.5m. However, carports can be supported with a lesser setback. The proposed carport meets the objectives of the clause which is to maintain an open streetscape and pedestrian safety.

 

SEPP 55 – State Environmental Planning policy No.55 – Remediation of Land

 

In accordance with Clause 7 of this instrument, Council is required to consider whether land is contaminated prior to granting consent to carrying out of development on this land. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites have been for residential purposes and unlikely that that there has been any high risk uses. Accordingly, contamination of the site is unlikely to be an issue.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

The Municipality of Lane Cove is identified as being within the Sydney Harbour Catchment of the SREP.  The subject site is also located within the Foreshores and Waterways Area as indicated on the Foreshores and Waterways Area map contained within this SREP, and as such, is subject to the DCP that complements the SREP.

 

The SREP aims to recognise, protect, enhance and maintain the catchment, foreshores and waterways and islands of Sydney Harbour and to achieve a high quality and ecologically sustainable urban environment.  Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  Of the clauses 20-27 listed for consideration, it is considered that the proposed works would not raise any significant issues.

 

Under the DCP the proposed works are Land Based Development and therefore subject to Section 5. It is considered that the proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

79C(1)(b)       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

It is considered that the proposed development in its current form, is likely to adversely impact on the residential amenity of the adjoining properties.   Conditions of consent have been provided to mitigate any adverse impact.

 

Privacy

 

The proposal includes a 3.0m wide and 6.7m long balcony on the first floor off a bed room which has full length bi-fold doors, towards the rear of the dwelling house. The balcony overlooks the private open spaces of the dwelling houses to the east, west and south of the subject property.

 

Furthermore, a staircase has been proposed from the rear yard to access the proposed ground floor and first floor balconies. This would enable the balconies to be used for entertainment purposes. In addition, an independent external access to the upper floor would increase potential for the upper floor to be used as a second dwelling which is not permitted.

 

In view of the above, condition 2 has been included in the conditions attached to this report, to reduce overlooking the neighbouring properties.

 

In addition, condition 3 has been included in the conditions attached to this report, to reduce the potential of the dwelling house  being used as a second dwelling.

 

Views

 

An objection to the development from residents of the property towards the west (2 Mitchell Street) is that the proposed development would have an adverse impact on views.

 

The ‘Code and Development Application Checklist for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings’ requires that development:

 

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

 

In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions 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 questions which are:

 

1.         The assessment of the views to be affected. Some views (e.g. water views, views of iconic buildings) are valued more highly than others.

 

2.         Consider from what part of the property the views are obtained.  Also, consider sitting or standing views. Protection of sitting views across side boundaries are more difficult than from front and rear boundaries.

 

3.         Assess the extent of the impact.  This should be done for the whole of the property, not just the view that is affected. Views from living areas (including kitchen areas) are more significant than from bedrooms.

4.         Assess the reasonableness of the proposal that is causing the impact.  Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design. View impact from a complying development would probably be considered acceptable, and view sharing reasonable.

 

In assessing the impact on views it is considered that:

 

1.         The views likely to be affected are high value. The views of the Harbour Bridge, an iconic structure, will be completely obscured.

 

2.         The view of the harbour bridge, which will be obscured, is from a corner of the living room which also has the kitchen. The views in a sitting and standing position obtained across the rear boundary, are likely to get obscured.

 

3.         The views being impacted are across the rear of the property and from the living area.

 

4.         The non compliances have been discussed above. The proposal can be better designed by extending the dwelling house towards the east which would not adversely impact upon the views from the dwelling house at 2 Mitchell Street.

 

Accordingly, it is considered that the proposal does not satisfy the requirements of Council’s Code and view sharing principles in relation to 2 Mitchell Street.

 

In view of the above, condition 4 has been included in the conditions attached to this report, to reduce the impact of loss of views.

 

Overshadowing

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments or over the development itself.

 

The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling will receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access is to be retained in accordance with the requirements of the DCP.

 

Section 79C(1)(c) - The suitability of the site for the development

 

The proposal maintains the residential use of the site. Accordingly the site is considered suitable with respect to the proposed development.

 

 

Section 79C(1)(d) - Any submissions made in accordance with this Act or Regulations.

 

The original proposal was advertised in accordance with Council’s policy of Community Consultation. 7 (seven) submissions were received.

 

The amended proposal was re-advertised in accordance with Council’s policy. 5 (five) submissions were received. The major concerns raised in the submissions are addressed below.

 

Potential loss of privacy:

 

Comment: The proposed first floor balcony towards the rear of the dwelling house is to be deleted as a condition of consent. (Condition 2).

 

The staircase being obtrusive and high:

 

Comment: The proposed rear staircase is it be deleted. (Condition 3).

 

Potential Loss of views:

 

Comment: The first floor extension has been reduced so that it does not project beyond the existing first floor building line. (Condition 4).

 

Section 79C(1)(e) - The public interest.

 

The amended proposal, as conditioned further in this report, is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. The amended/conditioned proposal would not create any major environmental impacts.

 

CONCLUSION

 

The application has been assessed having regard to the matters under Section 79C of the Environmental Planning and Assessment Act, relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D304/07 for alterations and additions to existing dwelling house and erection of a carport at 28 George Street, Greenwich subject to the following conditions.

 

1.         (20) That the development be strictly in accordance with drawing number DA01 to DA06 Issue B dated Feb08 by Vienna Designs.

 

2.         The proposed first floor balcony towards the rear of the dwelling house is to be deleted. Amended plans shall be submitted prior to issue of Construction Certificate.

 

3.         The proposed external staircase towards the rear of the dwelling house is to be deleted. Amended plans shall be submitted prior to issue of Construction Certificate.

 

4.         The proposed first floor shall not project beyond the line of the existing south facing external wall towards the rear of the dwelling house. Amended plans shall be submitted prior to issue of Construction Certificate.

 

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

 

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

 

7.         (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.

 

8.         (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.

 

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

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

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

 

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

 

17.       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.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

19.       (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.

 

20.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

a          Dampcourse level;

b          The establishment of floor levels;

c          The roof framing; and

d          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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 details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

22.       (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.

 

23.       (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.

 

Location – Class 1b buildings

 

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

 

(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.

 

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

 

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

 

26.       All waste generated on site shall be disposed off in accordance with the submitted the Waste Management Plan.

 

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.

 

General Engineering Conditions

 

29        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.

 

30        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’.

 

31        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.

 

32        Environmental Pollution Control Pit. A stormwater pit is to be installed on the existing system, just prior to the stormwater connecting to the receiving system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

33        Control of Stormwater Runoff. The stormwater runoff from the new 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 suitably qualified 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.

 

34        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.

 

35        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.

 

36        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 an $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.

 

37        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

 

38        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. 

 

39        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.

 

40        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.

 

41        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

 

42        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.

 

43        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.

 

            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.

 

            Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

            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

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page