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Agenda

Planning and Building

Committee Meeting

5 May 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 5 May 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 5 May 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 21 APRIL 2008

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 179

SUBJECT: 2-60 Riverview Street, Riverview

  

 

 

 

               


Planning and Building Committee Meeting 5 May 2008

 

Environmental Services Division Report No. 179

 

 

 

 

 

Reference:    Environmental Services Division Report No. 179

Subject:          2-60 Riverview Street, Riverview    

Record No:    da07/357 - 15320/08

Author(s):       Rajiv Shankar 

 

 

Property:                     2-60 Riverview Street, Riverview

 

DA No:                         D357/07

 

Date Lodged:              23 November 2007

 

Amended Plan:           Yes

 

Cost of Work:              $1 400 000

 

Owner             :                       St Ignatius College

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of existing buildings and construction of a child care centre.

ZONE

Special Uses A - School

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 3, 5, &7a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  20, 20A, 20B, 22, 22A, 24, 26, 26B, 28, 28A, 28B, 30,  30A, 30B, 30C, 32, 32A, 32B, 34, 34A, 34B, 38, 38A, 36, 36A, 36B, 36C, 38B, 34C, 40, 40A, 42, 44, 46,  College Road South, 19, 21, 23,  25, 65, 67, 68,  70, 93, 99, 101, 107, 109, 115, 119, 121, 125, 131 Riverview Street, 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, Aminya Pl.

Ward Councillors       Clr Freedman, Clr Hassarati and Clr Smith.

Progress Association:            Riverview Community Association

Other Interest Groups:            Lane Cove Historical Society

 


REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee by Councillor Smith because of concerns raised by neighbours.

 

EXECUTIVE SUMMARY:

 

The proposal seeks the demolition of buildings and the erection of a single storey child care centre catering for 74 children 0-5 years of age.  The development would employ 11 staff and 19 parking spaces plus a drop area is proposed.  Hours proposed are 7am -6pm Monday to Friday.

 

The site has buildings to be demolished being two attached dwellings which were a former golf club house. The site is heritage listed in of Lane Cove LEP. It is considered that the buildings have limited heritage value and Council’s heritage consultant and the Heritage Council agree that the buildings may be demolished for the redevelopment of the site. 

 

There is a large mature fig tree along the southern boundary which has been proposed for removal. The removal of this tree has not been supported by Council’s Tree Preservation officer. It has been recommended that this tree be retained.

 

The site is in a 5(a) Special Uses zone and the proposed development is permitted.  There are no development standards relating to the zone.

 

Concerns have been raised by neighbours in relation to the additional traffic that would be generated because of the proposed development. The proposed has been assessed by Council’s Traffic Manager who considers that the proposal in terms of traffic and parking requirements is acceptable.

 

This report recommends that the application be approved subject to appropriate development conditions.

 

SITE:

 

The site is located north of Riverview Street and west of College Road South. The site is triangular in shape. Towards the north western side of the site are two storey town houses. Towards the southern side of Riverview Street is St Ignatius College. The eastern side of College Road South is characterised by single storey and two storey dwelling houses.

 

The site features two attached dwellings which were the former golf club house. The site is heritage listed in Schedule 3 of Lane Cove LEP.

 

There are a number of trees on the property. Most trees on the site have been indicated for removal. The most significant tree, which is along the southern boundary, is also indicated for removal.

 

Copy of site plan and notification plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for:

 

1.         Demolition of the two attached dwellings which were former golf club house. The dwellings are heritage listed in Councils LEP

2.         Construction of a single storey child care centre to cater for 74 children 0-5 years.

3.         Construction of a 12 space car park.

4.         Removal of trees.

 

The child care facility would cater for 74 children comprising the following age categories:

 

·     0-2 years = 30 places

·     2-3 years = 24 places

·     4-5 years = 20 places

 

A total of 11 staff would operate the centre.

 

The proposed hours of operation are:

7am to 6pm Monday to Friday.

Saturday & Sunday: Closed

 

Car parking:

 

12 car parking spaces have been proposed as “Parent Car Park” and drop off area north of the proposed building.

 

An additional 7 car parking spaces for staff have been allocated within the adjoining Regis campus in front of the Junior School West Wing Building.

 

PREVIOUS APPROVALS/HISTORY:

 

DA 307/06- Addition of a floor to the existing ‘Vaughan’ building.

DA 180/07- Alterations to Delton Chapel.

DA 328/06- Construction of temporary boatsheds.

DA349/05- Fences and gates.

DA 267/04- Alterations and additions to existing boarding house.

 

A number of alterations and additions have occurred within the college precinct over the past 25 years.

 

There is no previous application on the site where the child care centre has been proposed.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

There are no specific Codes or Policies applicable to the subject site and the proposal has been assessed on its merits.

 

The overall site area is 445,159m2. However the proposed development site is contained within an approximate area of 1738.14 m2. .

 

Number of storeys: 1

 

Setbacks:

Setback from College Road South – 2.5 metres.

Setback from Riverview Street – 7.5 metres.

 

Internal floor space:

Five Activity rooms:                 268.00 m2. .

Admin Office:                          9.98 m2. .

Staff room:                              11.78 m2. .

Laundry min:                           6.23 m2. .

Staff/ Dis WC/ Shower:          4.04 m2. .

Kitchen:                                   13.57 m2. .

Art & Craft Room:                   24.26 m2. .

Parent Room:                         5.44 m2. .

Store Rooms:                         27.38 m2. .

Bin Store:                                3.92 m2. .

External store:                         15.84 m2. .

 

TOTAL:                                   390.44 m2. .

 

External Areas:

External Play Area A:              157.85 m2. .                

External Play Area B:              85.06 m2. .

External Play Area C:              339.02 m2. .

External Play Area D:              48.32 m2. .

 

TOTAL:                                   630.25 m2. .

 

 

REFERRALS:

 

Manager Assets

 

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

 

Manager Parks

 

The removal of the large mature fig tree along the southern boundary has not been supported. It has been recommended that that this tree be retained. All other trees may be removed. Conditions for the retention of the tree have been included in the conditions attached to this report.

 

Heritage Consultant

 

No objection has been expressed for the site to be redeveloped as a child care centre.

 

NSW Heritage Council

 

The Heritage Council agrees with the findings of the report Demolition Report & Statement of Heritage impact by NBRS&P dated Nov 2007 which accepts the demolition of the existing buildings for the purposed of redevelopment of the site.

 

It is also recommended that a photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made. The same is included in the conditions attached to this report.

 

Building Code of Australia

 

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

 

Community Services

 

·     In accordance with Council’s Social Plan the need and increased access and availability of day care places has been supported.

·     No objection has been expressed for the proposed hours of operation.

·     No objection has been expressed regarding proposed parking facilities.

·     Concern has been expressed regarding the applicant’s statement that the proposal does not cater to children with disability. Clarification was sought from the applicants. The applicant has provided a report from an access consultant who states that the proposal complies with AS1428.1 & AS1428.2 to meet the intent of Councils Access and Mobility DCP and DCP on Child Care Centres.

 

The consultant also states that meeting the requirements of AS 1428.3 – requirements for children and adolescents with physical disabilities, is not considered best practice due to the wide variation of individual requirements.

 

The applicant, in his letter dated 14 April 2008, states that the proposed centre will cater for children with a disability.

 

·     No objection has been expressed to the indoor and outdoor floor space ratios.

·     Concern was expressed over the in-adequacy of shaded outdoor area. The amended plan incorporates addition shading devices to open spaces.

 

Traffic Manager

 

The Traffic Manager has stated:

 

“The proposal in terms of traffic generation, parking requirements, access, traffic and parking related impacts complies with Australian Standards and RTA requirements related to impacts of Child Care Centre. Therefore, I am satisfied that the traffic report presented by Ray Dowsett and Transport planning is satisfactory. The proposal in terms of traffic and parking requirements is acceptable”.

 

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

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Special Uses A - School 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.

 

Other Planning Instruments

 

Lane Cove Child Care Centre DCP

 

It is considered that the proposed development complies with the objectives and the requirements of the Child Care DCP.

 

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.

 


Council’s Manager – Traffic has advised that:

 

the proposal in terms of traffic generation, parking requirements, access and traffic and parking related impacts complies with Australian Standards and RTA requirements related to impacts of Child Care Centre.  Therefore, I am satisfied that the Traffic report presented by Ray Dowsett and transport planning is satisfactory.  The proposal is terms of traffic and parking requirements is accepted.

 

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality and is in keeping with the scale and character of contextual development.

 

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

 

The proposal is for a child care centre which would complement the existing college in the vicinity. It is considered compatible and consistent with the scale and character of the one and two storey development in the surrounds. 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 proposal was advertised in accordance with Council’s policy of Community Consultation and six (6) submissions were received.

 

 The issues raised have been addressed as below:

 

From L Potts

 

Concern has been expressed in relation to amount of additional traffic and parking generated by the proposed facility.

 

Comment: A traffic report has been provided along with the proposal. The report has been assessed by Council’s Traffic Manager who is satisfied with the report and its conclusions and states that the proposal in terms of traffic and parking requirements is acceptable.

 

From resident of 38 College Road South

 

Noise generated from the proposed facility due to drop off and pick up.

Comment

 

The proposed hours of operation are 7am to 6pm Monday to Friday. The child care centre would be closed on Saturdays and Sundays. Given the hours and the location of the centre, the noise generated by the proposed facility is considered reasonable.

 

The facility may open fifty two weeks a year and would change the existing use of the property.

 

Comment

 

The facility would remain a child care centre/ school even if it is open all through the year.

 

The facility would result in traffic increase.

 

Comment

 

Traffic issues have been considered and discussed above.

 

From Resident of 38B & 40A College Road South

 

Concern has been expressed regarding narrow width of the road and traffic related issues.

 

Comment

 

Traffic issues have been considered and discussed above.

 

From David van Blerk:

 

Concern has been expressed regarding the proposal being in appropriate in this location.

 

Comment

 

The location is in close proximity to the existing college. The location of the proposed child care centre is considered appropriate and favourable given the clustering of like activities.

 

Inadequate parking.

 

Comment

 

Parking has been assessed as adequate in the traffic report and endorsed by council’s Traffic Engineer.  The parking provided exceeds the minimum of 18.5spaces required by the Child Care DCP.

 

Increase in traffic.

 

Comment

 

Traffic issues have been considered and discussed above.

 

Disturbances by contractors that occur late at night.

 

Comment

 

Hours of building work are strictly regulated by Council and the following condition is proposed to be attached to any consent issued:

 

“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.”

 

From Resident of 44 College Road South:

 

Concern expressed regarding increase in traffic.

 

Comment: Traffic issues have been considered and discussed above

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 Codes. 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

 

A.         That the applicant prepare a comprehensive development plan/ master plan which would identify maximum development potential of the campus and cater to future development needs and provide the plan to Council.

 

B.        That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D375/07 for demolition of existing buildings and construction of a child care centre at 2-60 Riverview Street, Riverview subject to the following conditions.

 

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

·     Plan no D03 Rev A dated 10/04/08 by JDH Design Group.

·     Plan D-04 to D-08 dated 10/04/08 by JDH Design Group.

·     Plan 196.1 dated 13/11/07 by space landscape designs.

·     Plan No C09270.00-DA01 to DA04 issue C dated 16/11/07 by Costin Roe Consulting

 

2.         A photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made and submitted to the Council Library prior to demolition of the buildings.

 

3.         Amended plans showing the retention of the Hills Fig tree and modifications to the building footprint to allow a setback distance of 7.5m from the trunk of the Fig tree shall be submitted to Council prior to issue of the Construction Certificate.

 

4.         The construction of the retaining wall within ten (10) metres must be carried out using a pier and beam method. Excavation works for the pier locations along the within 10m of the tree must be individually hand dug only with no roots greater than 40mm diameter to be damaged or removed.

 

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

 

9.         (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

10.       (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

14.       (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

15.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

16.       (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.

 

17.       (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.

 

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

 

19.       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)         pre-commencement.

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

c)         All reinforcement prior to filling with concrete.

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

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

f)          Installation of steel beams and columns prior to covering

g)         Waterproofing of wet area.

h)         Stormwater drainage lines prior to backfilling

i)          Completion.

 

20.       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)          shade structures.

 

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

 

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

 

23.       (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.

 

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

 

a          Dampcourse level;

b          The roof framing; and

c          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.

 

25.       (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.

 

26.       (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.

 

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

 

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

 

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

 

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

 

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

 

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

 

33.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

 

34.       Provide a report by a suitably qualified fire safety consultant (with the appropriate level of certification) to show how the proposed works can comply with the Building Code of Australia and submit to the Principal Certifying Authority (PCA) prior to issue of Construction Certificate (CC). Furthermore the CC plans i.e. Architectural, Structural, Mechanical, Electrical, Hydraulic & associated specifications must demonstrate compliance with the above report and fully comply with the BCA.

 

35.       Submit a disability access report from a suitably qualified consultant to demonstrate how the development can comply with parts D3 & F2.4 of the BCA and submit to Council and the PCA prior to issue of CC. Furthermore the CC plans must demonstrate compliance with the above report and fully comply with the BCA.

 

36.       Submit a report by a suitably qualified Structural Engineer &/or Geo tech Engineer to the PCA’s satisfaction prior to issue of CC which addresses the following :-

 

a)   Carry out a dilapidation survey of the adjacent properties, being the existing Town Houses to the north west of the subject site.

b)   Carry out an assessment of the footing system of the properties adjacent to the excavation to establish an appropriate system of underpinning.

c)   Provide details of an appropriate system of temporary support for the exposed face of excavation associated with the construction of the retaining wall along the north western boundary of the subject site.

 

37.       (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.

 

38.       (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

 

39.       (302) The protection on site, without damage, of all existing trees. 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.

 

40.       (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.

 

41.       (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.

 

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

 

43.       (308) Rubbish must be stored in a sealed 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.

 

 

 

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected around the six (6) street trees encompassing a radial distance of not less than 3m from the trunk of the six (6) trees to be protected. 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.

 

45.       A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

46.       The Hills fig tree must be retained. A 1.8m high fence of chain mesh shall be erected a radial distance of not less than nine (9) metres from the trunk of the Fig tree to be protected. 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.

 

47.       (327)  A bond of $6 000.00 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the six (6) street trees to be retained. This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 18 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

48.       All tree protective measures must be in place before the commencement of any works including demolition and PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

49.       (355) An arboriculturalist must supervise all digging / excavation that is within nine (9) metres distance of the Hills Fig tree. A report must be submitted within 60 days of inspection to Council’s Tree Assessment Officer, outlining the extent of the excavation and it impact upon the tree and if there

 

50.       (363) Any exposed roots on the soil surface along the trench alignment must be protected using appropriate method as advised by the site arborist.

 

51.       (366)  There must be no soil disturbance within the tree protection areas, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained. All activity within the Tree Protection Area must be undertaken with hand tools and under the supervision of the site arborist.

 

 

 

 

General Engineering Conditions

52.       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.

 

53.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to an on-site detention system. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

54.       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’

 

55.       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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

56.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan C09270.00-DA01 to DA04 issue C prepared by Costin Roe Consulting dated 16/11/07

 

In this project the above engineering plans are satisfactory as Concept plans. The Principle Certifying Authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

57.       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.

 

58.       Excavation greater than 1m

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

 

The applicant shall:-

 

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

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

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

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure including the adjoining roadway. 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 Structural 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.

 

59.       Council Inspections.  A Council engineer must inspect the stormwater connection to the existing Council stormwater pit. Council shall be notified when the connection has been made. An application for an inspection shall be made to Council and relevant fees paid prior to the issue of the construction certificate. 

 

60.       Footpath Damage Bond. The applicant shall lodge with Council $5000 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.

 

61.       Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the on-site stormwater detention system. Lodgement of this bond is required prior to the issue of the construction certificate.

 

62.       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.

 

63.       Car Parking A plan detailing the internal parking arrangements of the proposed development shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS 2890 Series. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

64.       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, car parks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

65.       Proposed Vehicular Crossing. The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate.

 

 

Engineering Conditions to be complied with Prior to Commencement of Construction

66.       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. 

 

67.       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.

 

68.       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.

 

69.       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

 

70.       Stormwater connection 

Prior to the issue of the occupational certificate a certificate of satisfactory connection to the council pit must be obtained from council’s urban services division. 

 

71.       Stormwater System Certified

Prior to the issue of the occupational certificate a charted professional engineer shall certify that the stormwater system has been constructed in accordance with the approved plans. A copy of the certificate and works as executed plans shall be supplied to the Certifying Authority.

 

72.       Work-as-Executed Plan. A Work-as-Executed plan is to be submitted to the Principal Certifying Authority (PCA) and to Lane Cove Council if Council is not the nominated PCA.

 

The Work as Executed plan:

 

(a)        Shall be signed by a Registered Surveyor, &

(b)        Shall clearly show the surveyor’s name and the date of signature, &

(c)       Shall be in accordance with Council’s standards and specifications for

           stormwater drainage.

(d)        Is to include details of the storm water drainage system

 

73.       On-site Stormwater Detention Certification. The submission of certification by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to prior to the issue of the Occupation Certificate.

 

 

 

74.       On-Site Stormwater Detention System - Marker Plate.  Each on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s ‘standards and specifications for stormwater drainage’. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed Lane Cove OSD certification form.

 

75.       Positive Covenant - (OSD).  Documents giving effect to the creation of a Positive Covenant over the on-site stormwater detention system shall be registered on the title of the property. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The wording of the terms of the Positive Covenant shall be in accordance with Council’s standards and specifications for stormwater drainage and On-site Detention Systems. The documents prepared shall be submitted to Council prior to registration with the Land and Property Information and prior to the issue of the Occupation Certificate.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages