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RECOMMENDATION
That pursuant to Section 80(1) (a) of the Environmental Planning and
Assessment Act, 1979, as amended, the Council grants consent to Development
Application D102/08 for alterations and additions to an existing semi
detached dwelling including a first floor addition and pool at 23A Glenview Street, Greenwich subject to the
following conditions.
1. (20) That the
development be strictly in accordance with drawing numbers:
DA01A,
DA04A, DA05A, DA06A, DA08A, DA09A dated 12/6/08
DA07,
DA10 dated 1/4/08 by CN Walton and Associates.
2. The wider portion of the proposed southern side deck shall be a
minimum of 900mm away from the side boundary.
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. (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 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. (58) Structural
Engineer's Certificate being submitted certifying that existing building is
capable of carrying the additional loads.
Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION
CERTIFICATE.
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 Dampcourse level;
b The
roof framing; and
c The
completion of works.
Note: All
levels are to relate to the reduced levels as noted on the approved
architectural plans and should be cross-referenced to Australian Height
Datum.
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.
(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.
22. (77) All spillage deposited
on the footpaths or roadways to be removed at the completion of each days
work.
23. (78) The site being
properly fenced to prevent access of unauthorised persons outside of working
hours.
24. All waste generated on
site shall be disposed off in accordance with the submitted Waste Management
Plan.
25. (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.
26. (142) BASIX - Compliance with
all the conditions of the BASIX Certificate lodged with Council as part of
this application.
27. Asset Protection Zone
The
intend of measures is to minimize the risk of bush fire attack and provide
protection for emergency services personnel, residents and other assisting
fire fighting activities.
At
the commencement of the building works and in perpetuity the entire property
shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bushfire Protection 2006
and the Service’s document Standards
for asset protection zones.
28. Design and Construction.
New
construction is to comply with Appendix 3 – Site Bushfire Attack Assessment
of Planning for Bushfire Protection
2006. In this regard the following design standards for construction are
to be incorporated into the development.
a) New construction shall comply with Australian Standard
AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.
b) Roofing of the entire dwelling shall be gutterless or have
leafless guttering and valleys to prevent the build up of flammable material.
Any materials used shall have a Flammability Index no greater than 5.
c) The existing dwelling is required to be upgraded to improve
ember protection. This is to be achieved by enclosing all openings (excluding
roof tile spaces) or covering openings with a non-corrosive metal screen.
This includes any sub floor areas where applicable and eaves.
29. (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.
30. (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.
31. (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".
32. (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".
33. (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.
34 (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.
35 (301) Prior to any works commencing on site a
Tree Preservation Order Work Authority must be obtained to remove or prune
trees to be removed or pruned for construction.
36 (302)
The protection on site, without damage, of all existing trees. Irrespective
of this consent permission from Council must be obtained for the removal or
pruning of any trees,
including the cutting of any tree roots greater than 40 mm in diameter.
37 (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.
38 (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.
39 (308)
Rubbish must be stored in a sealed locked container / cage. Any building rubbish that is not contained
must be cleaned up immediately, including the immediate worksite, surrounding
area and/or public open space.
40 (350)
The American Cotton Palm located on the south side of the dwelling must be
protected during the construction period by a trunk guard. The trunk guard
must be made of underfelt under a layer of battens spaced 50 mm apart and up
to 2 m from the ground. No nails are to be driven into the tree. The trunk
guard must be installed PRIOR TO THE
ISSUE OF THE CONSTRUCTION CERTIFICATE.
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 Rainwater Reuse Tanks
The proposed Rainwater
tanks are to be installed in accordance with Council’s rainwater tank policy
and relevant Australian standards.
Note:
§ Rainwater draining to the Reuse tank is to drain
from the roof surfaces only. No “on - ground” surfaces are to drain to the
reuse tank. “On - ground” surfaces are
to drain via a separate system.
§ Mosquito protection & first flush device shall
be fitted to the reuse tank.
§ The overflow from the rainwater reuse tank is to
drain by gravity to the receiving system.
43 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’.
44 Restoration. Public areas must be maintained in a
safe condition at all times. Restoration of disturbed Council land is the responsibility
of the applicant. All costs associated with restoration of public land will
be borne by the applicant.
Engineering Conditions to be complied with Prior To Construction
Certificate
45 Control
of Stormwater Runoff. The stormwater runoff from the new and or altered
impervious areas within the development shall be connected to the existing
drainage system in accordance with the requirements of Lane Cove Council’s DCP
Stormwater management.
The existing stormwater system is to be certified
that it is in good working order and meets the requirements set out in
Council’s DCP Stormwater management. The certification is to be carried out
by a fully licensed and insured plumber or a suitably qualified engineer.
Where an existing element does not comply with current standards the subject
element is to be replaced. Where the existing system does not comply with
Councils DCP Stormwater management an application is to be made to Council
for approval of an alternate system.
46 Environmental
Pollution Control Pit. A stormwater pit is to be installed on the
existing 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.
47 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.
48 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.
49 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.
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.
50 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.
51 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
52 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.
53 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.
54 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.
55 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
56 Certificate
of Satisfactory Completion. Certificates from a registered and licensed
Plumber, Builder, or a suitably qualified Engineer must be obtained for the
following matters. The plumber,
builder is to provide a copy of their registration papers with the certificate.
The relevant Certificates are to be submitted to the Principal Certifying
Authority, prior to issue of any
Occupation Certificate.
1) Confirming that the site drainage system has been
constructed in accordance with the relevant Australian Standards and
Council’s DCP Stormwater management.
2) All works have been completed in accordance with the
issued Construction Certificate and Conditions of this determination.
If Council is appointed the Principal Certifying Authority then the
appropriate inspection fee is to be paid to Council with the subject
documentation.
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