Ordinary Council Meeting 2 June 2008
Environmental Services Division Report No. 211

Reference: Environmental Services Division Report No. 211

Subject: 6 Wharf Road, Longueville

Inspection Committee at its meeting on 31 May 2008 referrded this Report to the Ordinary Council meeting to be held on 02 June 2008.

Record No: DA07/240-01 - 17502/08

Author(s): Rajiv Shankar

Property: 6 Wharf Road, Longueville.

Lot & DP: Lot 4 DP 264363.

DA No: D240/07.

Date Lodged: 20 August 2007.

Amended Plans: Re-notified on 19 December 2007

Cost of Work: $600,000.00

Owners: A & VM Farac

Author: Rajiv Shankar

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Construction of a two storey dwelling house and an in-ground swimming pool with associated landscaping.
ZONE	Residential 2(a2)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No. But adjoins heritage item- 6-10 Wharf Road.
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 1a & 10b
STOP THE CLOCK USED	Yes
NOTIFICATION	Neighbours: 40, 40A, 42, 44, 46, 48, 50 Mary Street, 1, 2, Cross Road, 4, 8-10, 12, 14, 16 Wharf Road. Ward Councillors: Clr Smith, Clr Freedman, Clr Hassarati. Progress Association: Longueville Residents Association. Other Interest Groups: Lane Cove Historical Society Others: North Shore Times

REASON FOR REFERRAL:

This Development Application has been called to the Planning & Building Committee Meeting by Councillor Freedman because of concerns raised by neighbours in relation to loss of water views.

EXECUTIVE SUMMARY:

The proposal is for the construction of a two storey dwelling house, swimming pool and related landscaping on a battle axe allotment.

Councillors will recall that the property/ proposal was inspected at the Inspection Committee of 3 December 2007.

The proposal has also been subject to a process of negotiation facilitated by Council between the applicant and the neighbours. This identified the issues relating to the proposal, with the main issue being height of the building and impact on water views.

The proposal does not comply with the floor space ratio and landscape requirements of Council’s Code. These matters are supported, given that they assist in reducing the impact of the development on the views to the property at the rear by relocating development to the ground level.

Concerns have been raised by the neighbours, particularly by the residents of 44 & 46 Mary Street with respect to loss of views from their living areas.

Following the original notification, the proposal was amended by lowering of the ground floor, reduction of floor to ceiling height of the ground floor, moving the building towards the north-east and lowering of the roof pitch and form.

Draft Condition 2 to this report requires further modifications which would modify the roof so that it follows the line of vision of views and reduces the impact on loss of views.

The application is recommended for approval subject to amendments to the proposal and inclusion of conditions.

SITE:

The subject site is located at the southern end of Wharf Road, Longueville. The site is a battle axe allotment with a total area of 782.6sqm. The site has a frontage to Wharf Road of 4.5m and an access handle of 40.335m in length. The site area, excluding the access handle, is 600sqm.

The site, which is currently vacant, was created by subdivision of the adjoining heritage property (8-10 Wharf Road) on 26 August 2005 (DA05/64).

The south-western portion of the site is relatively flat, however, the north-eastern part of the site features sandstone rock outcrops and retaining walls with a change in ground level of 4m from the rear boundary line to the middle of the site. There is no significant vegetation on the site. There are 3 existing trees that are weed species and one palm tree.

To the west and south of the site is a dwelling house 8 – 10 Wharf Road, which is a heritage item. This substantial single storey federation dwelling house is known as “Woodberry”. The subject site is also included in the heritage list as it was previously one allotment and formed part of the heritage listing. It has been requested that the heritage listing be amended to reflect the new subdivision as part of the Lane Cove Draft LEP 2007 exhibition period.

Adjoining to the north are two storey dwelling houses that orientate towards the south with views to the Lane Cove River, Hunters Hill and Woolwich. Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

PROPOSAL:

The proposal includes:

o Construction of a two (2) storey dwelling house:

The ground floor includes a double garage, living room, dining room, kitchen, guest bedroom, bathroom, store room and separate toilet.

The first floor includes four (4) bedrooms, laundry, family room, and bathroom with a terrace towards the rear and a balcony towards the front of the dwelling house.

o An in-ground swimming pool.

o A cabana and associated landscaping.

PREVIOUS APPROVALS/HISTORY:

o 26 August 2005 (DA05/64) subdivided 6 – 10 Wharf Road Longueville into 2 lots creating the subject parcel.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (600m² excluding access handle) and (782.6 m² including access handle.)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.528	0.5	NO
Soft Landscaped Area (min)	32 %	35%	NO
Side Boundary Setback (min)	North- 2.9m South- 7.887 East- 1.76m West- 1.2/ 2.29m	1.2m/ 1.5m 1.2m/ 1.5m 1.2m/ 1.5m 1.2m/ 1.5m	Yes Yes Yes Yes
Overall Height (m) (max)	7.0m	9.5m	Yes
Ceiling Height (m) (max)	6.7m	7.0m	Yes
No of Storeys	2	2	Yes
Building Line (max)	Battle- axe allotment- NA	7.5m	NA
Foreshore Building Line(min)	NA	NA	NA
Cut and Fill (max)	Max 1.0m	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	Provided	Required	Yes

SWIMMING POOLS

	PROPOSED	CODE	COMPLIES
Concourse Edge to Neighbour’s House (min)	8m	3m	Yes
Setback from boundary if concourse is <500mm above natural ground level (min)	1375mm/ 3955mm/ 7090mm	900mm - from internal face of pool 450mm from edge of concourse	Yes
Height (max)	Max 500mm	1800mm	Yes

REFERRALS:

Manager Assets

Council’s Manager Assets has considered the proposal, raised no objection and suggested conditions in the event that the application is approved.

Manager Parks

Council’s Arborist has advised that there is no objection raised to the proposal on arboricultural grounds, and no objection is raised to the removal of the nominated trees.

There are no existing trees on or in close proximity to the site that area considered worthy of retention save the Brushbox street tree located in front of 8 Wharf Road. This tree is prominent in the landscape and shall require a Tree Protection Zone (TPZ) 4m radial from the base of the tree and remain in place for the duration of the proposed development. There is a Jacaranda Tree in close proximity to the Brushbox Street Tree but this tree will jot be considered for tree protection measures given its poor form and poor condition.

Council’s Arborist ahs also provided conditions of consent in the event that the application is approved.

Building Surveyor

Council’s Building Surveyor has considered the amended plans and raised no objection to the proposal from a BCA aspect.

Heritage

Given the heritage listing of the site, which transferred from the original status of 6-10 Wharf Road, the application was referred to Council’s Heritage Consultant who has advised:

The revised proposal has responded to my recommendations of 29 April 2007 for a more articulated resolution of the elevations and changing the design of the roof. The revised scheme should achieve a result with less impact on the adjacent heritage item that the original submitted design concept.

I have no objection or conditions with respect to the revised proposal.

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 (a1) 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 2007.

Lane Cove Code for Dwelling Houses – September 2000

The proposal does not comply fully with the Dwelling House Code. The proposal varies with regard to floor space ratio and minimum soft landscape area. The proposal complies with all other provisions of the code. See below for comments.

Variations to Council’s Codes/Policies

The variation to the floor space ratio is .028 or +17.3qm.

The variation to the landscape requirement is 3% or -17.45sqm.

The variations have occurred following the negotiations between the parties and facilitated by Council to reduce the height/ view loss impact on the properties to the rear. This has resulted in the increase in the site coverage of the proposal at ground level and a reduction in the upper level to facilitate a better view outcome for the neighbours to the rear. Given these circumstances, the degree of the variation and the positive impact on the neighbours to the rear, the variations area supported.

The variations will not result in negative impacts for neighbouring properties, the site or the locality.

Draft condition 2 seeks to modify the roof design further to improve view corridors over the site.

Other Planning Instruments

State Environmental Planning Policies

State Environmental Planning Policy No 55.

The subject site is zoned residential, given the types of uses permissible within the residential zones and based on Council’s records the site has not bee n used for any potentially contaminating activities and it is considered unlikely that the land is contaminated.

Regional Environmental Planning Policies

Sydney Regional Environmental Plan 2005 (Sydney Harbour Catchment)

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, with the amendments to the roof form, which would significantly reduce the visual bulk and impact, the proposed works would not raise any significant issues.

Under the DCP the subject property is within the Landscape Character Type 9 under Landscape Assessment as indicated in Section 5. The Statement of Character and Intent states that the intention is to retain the natural features, to preserve the vegetated skyline, and encourage development that is consistent with the scale, design and siting that which exists. The proposal, with the amendments to the roof form would be consistent with this requirement.

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.

The proposal will impact on the views currently enjoyed by the properties to the rear. The land is currently vacant and development on the land will result in a change to the currently enjoyed status quo. In terms of the locality, however, it is considered that the proposed development is unlikely to adversely impact on the residential amenity. The subject site is a battle-axe allotment and the proposed development is not visible from the street. Therefore, the proposed development is unlikely to significantly impact on the streetscape.

Privacy

The proposed dwelling house is lower than the properties in Mary Street. There is reasonable separation with the properties towards the sides. It is considered that reasonable level of privacy is maintained between the adjoining properties.

Views

Objections to the development from neighbours in Mary Street have been that the proposed development would have an impact on views.

Council’s Dwelling House Code requires that development:

Minimise 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 –v- 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 (eg. 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 part water views and general openness to the south-west.

2. The views being impacted are across the rear boundaries of the properties on Mary Street and in a generally southerly direction. With the amended proposal, water views in a standing position from the ground floor level of the Mary Street properties would be reasonably retained. Draft condition 2 seeks to modify a section of the roof further to further improve the view corridor.

3. The main view impact is on the ground floor living areas of the Mary Street dwelling houses to the rear of the site. The views from the upper floor rooms of the properties in Mary Street would not be significantly impacted. While the proposed development would have some impact, the combination of the amended proposal and the draft condition 2 would minimise the impact on the amenity of the neighbouring properties through loss of views.

4. The proposal complies with all relevant planning controls except of maximum floor space ratio and minimum soft landscape area. These non compliances have resulted from the redesign which seeks to reduce the impact on views by providing more development at ground level. Both the non compliances are considered nominal and reasonable. In this respect view impact is considered acceptable and view sharing reasonable.

In view of the above findings, it is considered that the proposal reasonably satisfies the requirements of Council’s Code and view sharing principles with numbers 44 and 46 Mary Street.

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

The proposal is for residential use of the site. It is considered compatible with the neighbouring dwelling houses. 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 Development Application was notified to adjoining and surrounding property owners from 29 August 2007 to 28 September 2007. An advertisement was also placed in the North Shore Times on 29 August 2007 and 12 September 2007.

Six (6) submissions were received in response to the original notification of the development application.

Revised plans were submitted to Council on 19 November 2007 which made some amendments to the design of the dwelling and to address the issue of view loss from the adjoining properties of Nos 44 and 46 Mary Street. These plans were notified to adjoining and surrounding property owners for 30 days from 19 December 2007 to 18 January 2008. An advertisement was also placed in the North Shore Times on 19 December 2007 and 9 January 2008.

Five (5) submissions were received in response to the notification of the revised plans.

The issues raised in the submissions can be summarised as follows.

1. Chris & Denise Simkin, 44 Mary Street Longueville.

The potential loss of amenity and value of our property, loss of water and district views, Potential glare, reflection and heat from the proposed roofing, Colour of the proposed roofing, Adverse impact on heritage property, Future landscaping plans.

Comment

The adjoining property of 44 Mary Street is to the rear of the subject site and has views across the site to the Lane Cove River and Hunters Hill. The height poles erected demonstrate that there would be some water and district view loss from the property.

It is considered that with the amendments to the roof form, the angle of the roof would be similar to the angle of line of vision of water views. While there would be some view loss, the loss of views would be reduced.

With regards to the colour of the roof, there is a condition of consent which requires that the roof to be of medium to dark colour.

The issue of landscaping has been assessed by Councils Landscape officer. No objections have been expressed subject to conditions.

The impact on the heritage property of No 8 – 10 Wharf Road was considered by Council’s Heritage Advisor who has no objections to the proposed dwelling house on heritage grounds.

2. Geoff and Sharon Aldridge, 46 Mary Street Longueville.

Loss of water views, loss of breezes, increase in noise including noise due to A/C unit, landscaping may obstruct water views, intrusive roof colour, and excessive ceiling heights.

Comment

With the suggested and proposed amendments to the roof form, the angle of the roof would be similar to the angle of line of vision of water views. While there would be some view loss, the loss of views would be reduced. With regards to the colour of the roof, there is a condition of consent which requires that the roof to be of medium to dark colour. The proposal complies with Councils height requirements.

3. Quentin Chen, 4 Wharf Road.

Loss of privacy due to windows facing the backyard. They would overlook the proposed pool.

Comment

Windows facing north west are garage windows on the lower floor and bedroom windows on the upper floor. It is considered that bedroom windows do not significantly impact upon privacy. The pool is considered to be a significant distance from 4 Warf Road. Furthermore, there exists planting along the rear boundary of 4 Wharf Road, which would provide reasonable privacy between the two properties.

4. Faye Lan, 4 Wharf Road.

Loss of privacy

Comment

The issue has already been addressed above.

5. K J & C D Baily, 14 Wharf Road.

Concerns regarding site coverage, drainage, disturbance due to construction work.

Comment

The floor space ratio has been calculated and is nominally in excess of the maximum permissible which is considered acceptable. The drainage system has been assessed by Council’s Engineer who raised no objections subject to conditions. There is be a condition of consent that requires the applicant to carry out work 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.

6. Brad Inwood on behalf of Clem and Jayne Doherty, 42 Mary Street.

Discrepancies in the drawings, Height of the proposed works, Loss of privacy due to the first floor balcony off bed 1, Window to Bed 1 & ensuite window. Location of pool pump and equipment not known. Light pollution around pool and outdoor entertainment area. Structural integrity while construction.

Comment

The drawings have now been modified and are considered acceptable. The proposal complies with Council’s height requirements. The location of the pool equipment is below the terrace which is well away from the side boundaries. Structural integrity is addressed as a condition consent which requires dilapidation reports to be prepared if rock pick machines are used.

The issues raised in the submission can be summarised as follows.

1. Chris & Denise Simkin, 44 Mary Street Longueville

Loss of views & loss of privacy.

Comment

It is considered that with the proposed and suggested amendments to the roof form, the angle of the roof would be similar to the angle of line of vision of water views. While there would be some view loss, the loss of views would be reduced. The proposed dwelling house is substantially lower than 44 Mary Street. It is considered that the proposed dwelling house would not have an impact upon privacy.

2. Kerry Nash on behalf of Geoff and Sharon Aldridge, 46 Mary Street Longueville & Chris & Denise Simkin, 44 Mary Street Longueville

Loss of view, height and privacy.

Comment

These issues have already been addressed above.

3. Brad Inwood on behalf of Clem and Jayne Doherty, 42 Mary Street.

Retaining walls, Possible cracking due to excavation, First floor Bed 1 Balcony & window, inappropriate planting and lighting.

Comment

These issues have already been addressed above.

4. Geoff and Sharon Aldridge, 46 Mary Street Longueville.

Same issues as the original submission.

Comment

These issues have already been addressed above.

5. David Cant on behalf of, Geoff and Sharon Aldridge, 46 Mary Street Longueville & Chris & Denise Simkin, 44 Mary Street Longueville.

Loss of views and excessive floor space ratio.

Comment

These issues have already been addressed above.

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

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. It is considered compatible with the scale of other one and two storey dwelling houses in the locality and would not result in an overdevelopment of the site. The proposed development does not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest.

Conclusion

The development application before Council is an amended proposal that has been prepared following the receipt of neighbour objections to the original proposal. The application has been the subject of an Inspection Committee and a negotiation process facilitated by Council. The amended plans, with the addition of draft condition 2 (refer AT3) would in the opinion of staff reduce the impact on the view loss to the properties to the rear to a reasonable level while recognising the applicant’s expectations for adequate dwelling design and amenity.

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 D240/07 for construction of a two storey dwelling house and an in ground swimming pool with associated landscaping on lot 501 DP 1110586 and known as 6 Wharf Road, Longueville subject to the following conditions.

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

o 2E, 3D, 4D, 5D, 6E dated 25/03/08 by SMC Design.

o TFA3148/01 Sheet 1 of 2 dated 31/07/2007 by Toby Fiander & Associates (Drainage Plans)

2. The roof form shall be modified so that the ridge, running north-west to south-east over the staircase, shall continue up to the south-western edge of the proposed building. The portion of roof over Bedroom 1/ Robe/ Ensuite shall slope down from the ridge, mentioned above, towards south-westerly direction, with the same roof pitch as the rest of the first floor. Amended plans shall be submitted prior to issue of construction certificate (as shown in red on stamped plans).

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

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

5. (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.

6. (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.

7. (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.

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

9. (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.

10. (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.

11. (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.

12. (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.

13. (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.

14. (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.

15. (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.

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

17. (52) The swimming pool being surrounded by a fence:-

a) That forms a barrier between the swimming pool; and

i) any residential building or movable dwelling situated on the premises; and

ii) any place (whether public or private) adjacent to or adjoining the premises; and

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1976, "Fences and Gates for Private Swimming Pools".

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

18. (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure. If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

19. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

20. (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

21. (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

22. 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) Pool reinforcement prior to placement of concrete.

h) The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i) Stormwater drainage lines prior to backfilling

j) Completion.

23. 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;

g). pool structure

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

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

26. (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.

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

a Dampcourse level;

b The establishment of the first floor level;

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.

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

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

29. (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.

30. (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.

31. (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.

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

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

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

34. (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.

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

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

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

38. (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.

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

40. (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.

41. (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.

42. (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.

43. (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.

44. (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.

45. (308) Rubbish must be stored 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.

46. (317) A 1.8 m high chain mesh fence shall be erected around the Brushbox street tree located in front on 8 wharf Road. This Tree Protection Zone shall be a minimum radial distance of 4 m from the trunk of the Brushbox 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.

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

Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

General Engineering Conditions

48. 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.

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

50. Rainwater Reuse Tanks

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 registered easement via a boundary pit.

51. 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. 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

52. Existing Drainage Easement. Documentation of the registration of the drainage easement is to be submitted with the Construction Certificate application.

53. Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan TFA3148/01 Sheet 1 of 2 prepared by Toby Fiander & Associates dated 31/07/2007

In this project the above engineering plans are satisfactory as Concept plans. The design engineer is to certify that the design fully complies 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

The Principle Certifying Authority is to satisfy themselves of the adequacy of the certified 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.

54. Pool Construction

Overland Flow around pools:

The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.

To prevent overland flows from entering the pool the coping level must be a minimum of 150mm above the adjacent finished ground level. The entire outside perimeter of the pool surround must have overland flow escape routes which will protect the pool from flooding.

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.

55. Excavation greater the 1m

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

The applicant shall:-

Seek independent advice from an Engineer on the impact of the proposed excavations on the adjoining properties.

Detail what measures are to be taken to protect those properties from undermining during construction.

Provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties.

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 on 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.

56. 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.

57. 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.

58. 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.

59. 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

60. 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.

61. 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.

62. 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.

63. 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.

64. 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’.

65. 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

66. 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.

67. 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	Site Location Plan	1 Page
AT‑2 View	Neighbour Notification Plan	1 Page
AT‑3 View	Recommended roof design	3 Pages

Ordinary Council Meeting 2 June 2008
Environmental Services Division Report No. 197

Reference: Environmental Services Division Report No. 197

Subject: 40 King William Street, Greenwich

Inspection Committee at its meeting on 31 May 2008 referred this Report to the Ordinary Council meeting to be held on 02 June 2008.

Record No: DA07/378-01 - 16762/08

Author(s): May Li

Property: 40 King William Street, Greenwich

DA No: 378/2007

Date Lodged: 13 December 2007

Cost of Work: $600,000.00

Owner : A L & G L Smith

Author: May Li

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Demolition of an existing two storey dwelling house and construction of a two storey dwelling house and a detached single garage, conversion of the existing single garage to bicycle storage at the rear of the property
ZONE	2(a2) - Residential
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 1a & 10a
STOP THE CLOCK USED	Yes – 106 days
NOTIFICATION	Neighbours: 37 - 43 Carlotta Street, Greenwich 36 – 46, 37 – 43 King William Street, Greenwich. Ward Councillors: Councillors D’Amico, Tudge & Lawson Progress Association: Lane Cove Historical Society Other Interest Groups Greenwich Community Association Inc

REASON FOR REFERRAL:

The development application has been called by Councillors D’Amico and Councillor Tudge as a result of concerns raised by the adjoining neighbours.

EXECUTIVE SUMMARY:

The subject site is located at the eastern (high) side of King William Street, Greenwich. It is not a heritage item. However, it is located in close proximity of heritage items in King William Street and Carlotta Street, Greenwich.

The existing dwelling house had been modified in the past and design of the existing dwelling house is in contrast with the adjacent heritage items.

The proposal involves demolition of the existing two storey dwelling house and construction of a two storey dwelling house and a single detached garage accessing from the rear lane.

The application complies with the aims and objectives of Lane Cove Local Environmental Plan 1987 (Lane Cove LEP 1987) and Lane Cove Code for Dwelling Houses (the Code) with variations sought to floor space ratio, front setback and solar access requirements. The variations are supported by the assessment officer.

The owners of two adjoining properties lodged submissions raising their concerns at the proposal. The owners of 38 King William Street requested the front setback of the proposed building to be increased and the owner of 42 requested the building to be moved closer to the front boundary as far as possible to enable better solar access to the rear of his property.

Council’s heritage consultant has raised no objection to the design of the dwelling house and stated that the design has responded sympathetically to the streetscape and the heritage character of the area.

It is considered that the proposed development is acceptable and the application is recommended for approval subject to conditions.

SITE:

The subject site is located at the eastern side of the King William Street, Greenwich between Gore Street and Ford Street. It is located on the high side of King William Street and the site falls from the front to the rear.

The property’s main street frontage is to King William Street. There is no vehicular access from King William Street due to the difference in grade between the footpath and the street. The property has a rear lane vehicular access to Carlotta Lane.

An existing two storey dwelling house and a detached single garage are located on the site.

Surrounding development comprises a mixture of single and two storey dwelling houses including heritage items located at 36, 38, 42, 44, 46 and 48 along the eastern side of King William Street and 45 and 47 located at the western side of King William Street. Another heritage item is located at 45 Carlotta Street to the rear of the subject site.

In relation to the nearby heritage items in King William Street, the Lane Cove Heritage Study states as the follows:

“36, 38, 42-48, 45 & 47 King William Street is a group of turn of the century single storey cottages.

36, 38, 42-48 built high on the ridge and orientated toward the view. 45 and 47 face the street with the rear of the properties addressing the distant views.

All are brick with the exception of 36 – a timber weatherboard house.

It is a group of well built single storey suburban cottages built toward the harbour view, at a time of suburban consolidation associated with the St Leonards Ferry Wharf.”

Council’s heritage consultant has advised that the existing house on the subject site has no heritage significance and raised no objection for the demolition.

Refer to AT1 for neighbour notification plan.

PROPOSAL:

The proposal seeks approval for:

- Demolition of the existing two storey dwelling house

- Construction of a two storey dwelling houses with weatherboard walls and custom orb roof

- Construction of a single weatherboard and custom orb garage at the rear of the property

- Conversion of the existing fibro single garage to bicycle storage

- Erection of a front fence.

Refer to AT2 for the site location plans dated 17 April 2008 for further details.

PREVIOUS APPROVALS/HISTORY:

The applicant met with Council officers and Council’s Heritage Consultant in the plan preparation stage of the proposal. Council’s various requirements for dwelling houses were discussed. Preliminary comments on the design and heritage impact were also provided by Council’s Heritage Consultant.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (580.1m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.53:1	0.5:1	No (+20sqm)
Soft Landscaped Area (min)	36%	35%	Yes
Side Boundary Setback (min)	2.9m for the first floor and 1.5m for the ground floor	1.5m for the first floor and 1.2m for the ground floor	Yes
Overall Height (m) (max)	7.7m	9.5m	Yes
Ceiling Height (m) (max)	6.0m	7.0m	Yes
No of Storeys	2	2	Yes
Building Line (max)	5.5m	7.5m	No (+2m)
Foreshore Building Line (min)	N/A	N/A	N/A
Cut and Fill (max)	Less than 1m	1m	Yes
Deck/Balcony width (max)	2.25m	3m (if elevated by >1m)	Yes
Solar Access (min)	Less than 3 hours	3 hours to north elevation	No

FENCING

	PROPOSED	CODE	COMPLIES
Height (max)	900mm	900mm	Yes
% Open Where > 900mm in Height (min)	N/A	50%	N/A
Setback From Front Boundary if >900mm in height (min)	N/A	1m	N/A

REFERRALS:

Manager Urban Design and Assets

The development proposal has been referred to Council’s Development Engineer for comment. He has advised that an on site detention tank is not considered necessary as the applicant has proposed to install a reuse system with a minimum effective capacity of 10,000 litres.

Draft conditions of consent have been provided.

Manager Open Space

The development proposal was referred to Council’s Tree Assessment Officer for assessment. The Tree Assessment Officer has provided the following comments:

“Three (3) trees at the rear of the site are to be retained and the remaining trees on site are not worthy of retention and may be removed. Access for the proposed works is via the lane way at the rear of the site therefore the street tree will not require protection measures.

The Jacaranda tree and the Italian cypress tree at the rear of the site must be retained and protected with a tree protection area on not less than four (4) metres radius for the Jacaranda and two (2) metres radius for the Cypress. The proposed works at the rear of the site will necessitate incursions into the tree protection zones, any such works must be carried out using hand tools only with roots greater than 40 mm diameter growing from the two subject trees to be retained and not damaged. The positioning of piers or footings must accommodate the existing root system of the two subject trees.

The third tree designated for retention; a Japanese maple, will not be required to have tree protection measures given its poor condition.

There are no other tree related issues on this site and the application is recommended for approval subject to conditions.”

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

The subject site is located in the vicinity of a number of heritage items. The proposed design was referred to Council’s heritage consultant for comment. The heritage consultant has not raised objection to the proposal and advised:

“The proposal for a new tow storey residence is generally in accordance with the agreed proposal discussed at a meeting in Council with the architects and applicant.

The design has responded sympathetically to the streetscape and prevailing heritage character of the area, and will have no adverse impact on the adjacent heritage item 38 King William Street. The existing house on the site has no significant heritage significance and will be demolished.

I have no objection to the proposal.”

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

2 Aims, objectives etc

(1) The general aims of this plan are:

(a) to preserve and where appropriate improve the existing character and environmental quality of the land to which it applies in accordance with the indicated expectations of the community, and

(2) The particular aims of this plan are:

(a) in relation to housing:

(i) to maintain and where appropriate improve the existing amenity and environmental character of residential zones,

(iii) to permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development,

Officer’s Comment

The existing dwelling house has been modified in an unsympathetic manner to the design of the original dwelling house. Council’s heritage consultant is of an opinion that the design of the proposed dwelling house has responded sympathetically to the streetscape and the heritage character of the area.

It is considered that the proposed development is compatible with the existing environmental character of the locality and complies with the aims of the Lane Cove LEP 1987.

18E Development on land adjoining heritage items or archaeological sites

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item or archaeological site, and on its setting, when determining an application for consent to carry out development on adjoining land.

Officer’s Comment

The subject site is located adjoining heritage items. The heritage significance of the heritage items has been taken consideration during the design process of the proposal.

A statement of heritage impacts prepared by a heritage consultant was submitted with the development application. Council’s heritage consultant has provided comment relating to heritage issues, and has supported the proposal.

The likely effect of the proposed development on the adjoining heritage sites has been taken into consideration during the development application assessment.

Other Planning Instruments

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

It is considered that the proposed development complies with the aims and objectives of the Code.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

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

The application requests for variations to requirements of the Code relating to floor space ratio, building line and solar access. The variations are discussed below.

Clause 3.2 Floor Space Ratio (FSR)

Objectives:

a. Limit the bulk of the dwelling

b. Ensure dwellings and additions are generally in scale with the character of the neighbourhood.

c. Allow smaller sites higher flor space ratio.

The property has a site area of 580.1m² and the maximum permitted FSR for the subject site is 0.5:1 in accordance with the Code.

The proposed FSR is 0.53:1, or an excess of 20m². The applicant requests for a variation to the requirement and states that the proposed garage and the bike storage are detached to the dwelling house and do not add to the bulk and the scale of the dwelling house. This is a small encroachment and would have no significant impact on the amenity of the site or the neighbours.

Officer’s comment:

It is considered that the bulk and the scale of the proposed dwelling house is compatible with the surround developments. In terms of the applicant’s statement it is noted that the garage structure is separate from the dwelling house. In more conventional proposals for new dwelling houses, garages are generally incorporated into the main building bulk, with 40sqm excluded from floor space ratio calculations. The variation to the FSR requirement is considered reasonable and is supported.

Clause 3.4 Solar Access

Objective: Provide reasonable solar access to habitable rooms and recreational areas.

Standard: Building or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the adjoining premises between 9.00am and 3.00pm on 22^nd June. In particular, dwellings are to be so located and designed that a portion of north facing windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 22^nd June.

The subject site is located to the north of 42 King William Street, Greenwich. There are six north facing widows including two bedroom widows and a kitchen window on the ground floor of 42 King William Street. The shadow diagrams of the initial proposal show that a portion of a bedroom window and the kitchen window would receive two hours of sun light between 9am and 3pm on 22^nd June and another bedroom widow would not receive any sun light during that period of time.

The proposed development would reduce the solar access to the ground floor north facing windows of 42 King William Street from the level currently enjoyed.

The Statement of Environmental Effects indicates that the dwelling house at 42, is very close to its northern boundary. The Statement also indicates that the design of the proposed dwelling house has responded to the site constraints and has provided the maximum solar access for the adjoining site.

The applicant is of the view that the impacts on the adjacent dwelling house have been reduced as far as possible through the slope of the roof which allows winter sun access to the windows, and by moving the dwelling house as far forward as possible, thus allowing solar access to the outdoor area and larger window to the rear.

Officer’s Comment

The existing building on the subject site has a 3m setback to its southern boundary and allows sufficient sun light to the north facing windows of dwelling house (42). It is agreed that the setback and the orientation of the adjoining dwelling house have restricted the solar access to its north facing windows on the ground floor. The proposal complies with the building height and setback requirements of the Code and the setback of the first floor is 2.9m to the side boundary. The applicant also submitted amended plans to reduce the roof height at rear of the proposed dwelling house which would significantly improve the solar access to the kitchen window of the adjoining dwelling house. The kitchen window (which originally received 2 hours), would receive four hours sun light between 9am and 3pm on 22^nd June. Given the reasons above, the solar impact from the proposed development to the adjoining neighbour is considered acceptable and the variation is supported.

Clause 3.7 Building Line

Objectives:

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

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

c. Pedestrian safety.

Standards:

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

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

The existing building line is 6.3m and the proposed building line is 5.5m.

The applicant has advised that the front building lines of nearby dwelling houses on the eastern side of King William Street vary from 2.4m to 8.2m, with an average front setback of 5.3m.

The proposed building line is 5.5m which is considered consistent with the setbacks of the other dwelling houses along the street.

The applicant further advises that the buildings on the eastern side of King William Street are not set perpendicular to the street frontage. Whilst the proposed development would be setback 5.5m from the street measured perpendicular to the boundary at its closest point and its furthest point of the building would be setback 9.5m from the front boundary. This gives the illusion that the building is actually setback further and reduces impact on the street.

Officer’s Comment

It is considered that the proposed building line is compatible with the streetscape and the variation is supported.

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

The development proposal was notified in accordance with Council’s notification policy. Submissions from the owners of two adjoining properties were received in response to the notification of the development application. The issues raised in the submission are be summarised as follows.

Issues raised by the owners of 38 King William Street, Greenwich

· The proposed development is situated almost in the middle of a “row” of heritage dwellings. The design of the proposed is inappropriate to the adjoining properties and the streetscape.

Officer’s Comment

Council’s heritage consultant has supported the demolition of the existing dwelling house and has raised no objection to the design of the proposed dwelling house. It is considered that the proposed development is unlikely to create any significantly adverse impacts to the adjoining heritage buildings.

· The first floor front balcony is too far forward and offers no privacy screen.

Officer’s Comment

The unroofed front balcony is located above the porch. It would face to the street and the front gardens of the adjoining properties. A privacy screen to the front balcony is not considered necessary.

· The building line of the proposed development is incompatible with the streetscape.

Officer’s Comment

This issue was discussed in the previous section of the report.

· The proposed garage is built on the boundary and the eaves or guttering shall overhang onto the adjoining property.

Officer’s Comment

The setback of the proposed garage is 400mm from the northern boundary. A condition requiring all works being located within the property boundaries has been included in the draft conditions of the recommendation.

· Objection to removal of trees

Officer’s Comment

Council’s Tree Assessment Officer has assessed the proposal and made comment in relation to tree retention and removal.

· The north facing windows on the first floor and French door on the ground floor would create an over looking impact to 38 King William Street, Greenwich.

Officer’s Comment

The north facing windows on the first floor of the proposed building include two bathroom windows, a bedroom window and a retreat room window. The sill heights of the bathroom windows and retreat room window are 1.4m above the finished floor level and sill height of the bedroom window is 1.2m above the finished floor level.

It is noted that the bedroom window and the retreat room window are setback 4.8m from the northern boundary. Given the nature of use of these rooms and the setback provided, privacy is considered satisfactory.

The windows and doors on the ground floor would be screened by the proposed 1.8m boundary fence and are unlikely to create any impact to the privacy of the neighbour.

· The construction of the proposed works may cause damage to the buildings of the adjoining sites.

Officer’s Comment

This matter can be deal with by conditions of the development consent. A draft condition requiring dilapidation reports of the adjoining properties has been included in the recommendation. Also the use of jackhammers and rock pick machines and the like is not permitted.

· The location of the air conditioning unit

Officer’s Comment

Approval has not been sought for air conditioning.

Issues raised by the owner of 42 King William Street, Greenwich

· Council should consider all the aspects particular the impacts to the existing dwelling house located at 42 King William Street, Greenwich.

Officer’s Comment

The development application has been assessed in accordance with the requirements of section 79C of Environmental Planning and Assessment Act 1979. The impacts to the adjoining properties have been taken into consideration during and the development assessment.

· The proposed development is inappropriate for the location and would have adverse impacts to the nearby heritage building.

Officer’s Comment

The heritage issues have been discussed in the previous sections of the report.

· The amended plans have improved the solar access to the rear of the property.

Officer’s Comment

The applicant has responded to the concerns raised by the adjoining neighbour and submitted amended plans to improve the solar access to the adjoining property. This has been discussed previously in this report.

CONCLUSION

The matters in relation to Section 79C considerations have been satisfied. It is considered that the demolition of the existing building would not create any adverse impact to the heritage significance of the adjoining buildings and the design of the proposal would not detract from the streetscape character. The development application is recommended for approval subject to conditions.

RECOMMENDATION

That Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 378/2007 for demolition of the existing dwelling house and construction of a two storey dwelling house and a single detached garage at the rear of the property on Lot 27, DP 3101 and known as 40 King William Street, Greenwich, subject to the following conditions:

1. (20) That the development be strictly in accordance with following drawings dated 17/4/2008 prepared by Walter Barda Design Pty Ltd:

- Proposed Site Plan, A1002-A;

- Waste Management & Sedimentation Control Plan, A1003-A;

- Landscape Plan, A1907-A;

- Ground Floor Plan, A2101-A;

- First Floor Plan, A2102-A

- Elevations, A3101-A;

- Sections, A3201-A;

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

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

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

The consent authority or a private accredited certifier must:-

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

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

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

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

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

Monday to Friday (inclusive) 7.00am to 5.30pm

Saturday 7.00am to 4.00pm

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

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

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

11. (39) The building and the bike garage shall not be used for separate occupation or commercial purposes.

12. (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.

13. (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.

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

15. 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.

16. 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.

17. (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.

18. (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.

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

a The establishment of the first floor 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.

20. (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.

21. (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.

(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.

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

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

24. (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.

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

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

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

28. (130) Compliance with the Waste Management Plan submitted with the development application .

29. (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.

30. (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.

31. (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.

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

Landscaping Conditions

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

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

35. (302) The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

36. (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

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

38. (new) The Jacaranda tree and Cypress tree at the rear of the site must be retained and protected. A 1.8 m high fence of chain mesh shall be erected around the two trees encompassing a radial distance of not less than four (4) metres from the base of the Jacaranda tree. This tree protection area is to also contain the Cypress 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.

A waterproof sign must be placed on the tree protection fencing 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.

Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

39. (new) Footing, trench, or excavation that is within 4 metres of trees to be retained must be dug by hand. No roots greater than 40mm in diameter are to be severed or damaged and must remain intact.

40. (new) Footings within 4 metres distance of the two trees to be retained must accommodate existing roots growing from the trees. If roots greater than 40 mm in diameter are encountered during hand excavation, pier and beam type footings must be utilized instead of strip footings.

General Engineering Conditions

41. 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.

42. Control of Stormwater Runoff. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to the street gutter. 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.

43. 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.

44. 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. 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.

45. 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.

46. 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’.

47. 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

48. Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan 807/113.H SWD-A001 Rev 1prepared by Armstrong Consulting Engineers

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.

49. 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.

50. Excavation greater the 1m

Where there are structures on adjoining properties including all council infrastructures, located within five meters 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

(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.

51. 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.

52. 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.

53. Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being a $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

54. 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

55. Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials a application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved.

56. 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.

57. 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.

58. 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’.

59. 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

60. 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.

61. Redundant Gutter Crossing. All redundant gutter and footpath crossings adjacent to the proposed bike garage shall be removed and the kerb and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation certificate.

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

1) Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with Lane Cove Council’s ‘specification for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works.

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

3) All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

63. Preparation of Geotechnical Report

To ensure that the structural integrity of the proposal and neighbouring buildings at 38 and 42 King William Street will be maintained, a full geotechnical report must be submitted to the Council or the PCA and a copy to the respective property owners prior to the issue of a construction certificate and prior to the commencement of excavation works. The report must include an investigation of site and soil conditions as well as the proposed means of construction and must contain, where required, recommendations to ensure that excavation, backfilling and construction, including temporary works during construction, will not affect the structural integrity of neighbouring buildings or the structural stability of neighbouring public land, property or services. The report is to be prepared and certified by an appropriately qualified practicing geotechnical engineer.

All demolition, excavation, backfilling and construction must be undertaken in accordance with the recommendations of the geotechnical report.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Neighbour Notification Plan	1 Page
AT‑2 View	Site Location Plans	8 Pages

Ordinary Council Meeting 2 June 2008
Report Of Committees No. 3

General Manager