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Agenda

Planning and Building

Committee Meeting

18 August 2008, 8:00PM

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 18 August 2008 commencing at 8:00PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Rick D’Amico. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless the Committee resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may attend the Meeting and address the Committee on any issue.   Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 

 


Planning and Building Committee 18 August 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING – 21 JULY 2008

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 318

SUBJECT: 23 Glenview Street, Greenwich

 

3.       Environmental Services Division Report No. 51

SUBJECT: Delegated Authority Report - July 2008

 

4.       Environmental Services Division Report No. 328

SUBJECT: 23A Glenview Street, Greenwich

  

 

 

 

               


Planning and Building Committee Meeting 18 August 2008

 

Environmental Services Division Report No. 318

 

 

 

 

 

Reference:    Environmental Services Division Report No. 318

Subject:          23 Glenview Street, Greenwich    

Record No:    DA08/101-01 - 26895/08

Author(s):       Rajiv Shankar 

 

 

Property:                     23 Glenview Street, Greenwich

 

DA No:                         D101/08

 

Date Lodged:              4 April 2008

 

Amended Plans:         Yes

 

Cost of Work:              $200 000

 

Owner             :                       T & W White

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to an existing semi-detached dwelling including a first floor addition.

ZONE

Residential 2(a1)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                 60-64, 66 Greenwich Rd, 8, 12, 19, 21, 23A, 25, 27, Glenview St, 2, 4 Chisholm St,

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

Progress Association Greenwich Community Association.

 

REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee by Councillor (Mayor) Ian Longbottom because of the concerns raised by the neighbours.

 

EXECUTIVE SUMMARY:

 

  • The subject property is one of a pair of existing semi-detached dwellings. A separate Development Application DA 102/08 - 23A Glenview Street, Greenwich for the adjoining semi-detached dwelling for similar works has also been lodged with the Council for consideration.

 

  • The proposal is for alterations and additions to the existing semi-detached dwelling which includes a first floor addition.

 

  • The land slopes steeply to the street. Towards the north are two heritage items which are two storey residential buildings set back towards the rear of the sites and a garage/ carport towards the front.

 

  • Objections have been raised by the resident of the adjoining residential building towards the north, in relation to screen planting along the side boundary with reference to a previous development application on the subject property. The matter has been investigated separately independent of the subject application.

 

  • The proposal substantially complies with the requirements of the Council’s Dwelling House Code with the exception that the proposed front balcony projects by 1.2m into the front building line.

 

  • The application is recommended for approval.

 

SITE:

 

The site is located on the western side of Glenview Street. The site is rectangular in shape with front and rear boundaries of 9.145m and 9.375m respectively and side boundaries of 45.72m.  The site is the northern side of a pair of existing semi-detached dwellings. The site falls towards the street.

 

The site features a brick semi-detached dwelling house with a tiled pitched roof over a garage on the lower ground floor. Access to the ground floor is from a staircase towards the front which is common to the adjoining semi-detached dwelling. There are no significant trees on the subject property.

 

Towards the south is the adjoining semi-detached dwelling. Neighbouring to the north are two heritage items which are two storey residential buildings set back towards the rear of the sites and a garage/ carport towards the front.  Copy of Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for additions and alterations to the existing semi-detached dwelling including a first floor addition which includes:

 

Level 1 (Lower Ground Floor)

 

·         An internal stair from level 1 to level 2.

 

Level 2 (Ground Floor)

 

·         A bed room with an ensuite/ robe and a covered balcony towards the front.

·         Internal alterations including demolition of existing bed room internal walls to include it within the existing living room.

·         A sky light above the existing second bedroom.

·         An internal stair from level 2 to level 3.

 

Level 3 (First Floor)

 

·         Two bed rooms.

·         A bath accessible from the hall way.

·         A deck towards the front, accessible from the hall way, with a privacy screen towards the north.

 

PREVIOUS APPROVALS/HISTORY:

 

DA147/03 – Alterations and addition to existing semi-detached dwelling.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (413.9m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.57

0.63

Yes

Soft Landscaped Area            (min)

45%

35%

Yes

Side Boundary Setback (min)

2162mm

1500mm

Yes

Overall Height (m)       (max)

7.6m

9.5m

Yes

Ceiling Height (m)       (max)

7.0m

7.0m

Yes

No of Storeys

2 (at any point – refer side elevation)

2

Yes

Front Building Line      (max)

7.5m to external wall.

6.3m to front balcony.

7.5m

7.5m

Yes

NO

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1m max

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

 

REFERRALS:

 

Manager Urban Design and Assets

 

No objection expressed subject to conditions.

 

Manager Parks

 

No objection expressed subject to conditions.

 

Rural Fire Service

 

No objection expressed subject to conditions.

 

Heritage Advisor

 

The original proposal was referred to the Council’s heritage advisor who stated that he was not opposed to a modern design in this situation, however the proposal had potential to impose unacceptable impact on the neighbouring heritage item and streetscape.

 

The proposal was amended and the heritage consultant, in relation to the amended proposal stated:

 

“…I believe what has been submitted is what we should accept, subject to you being satisfied that Code requirements are complied with.”

 

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 2008

 

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

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table and matters for consideration, with the exception of the front building line, the proposal complies with the code’s provisions and it is considered to achieve the objectives for each provision.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for the front building line setback, however it is considered satisfactory on the following grounds:

 

The front setback of the external wall is 7.5m which is in accordance with the requirements of the Dwelling House Code. The proposed front balcony projects by 1.2m into the front building line. The width of the balcony is not substantial as compared to the overall width of the building. It is considered that the projection of the balcony would articulate the front building façade.

 

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

 

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality.

 

Adjoining development comprises a heritage item which includes a two storey residential building set backwards and a garage towards the front. The proposed addition would be a flat roofed contemporary addition which would not be in conflict with the adjoining heritage items.

 

It is therefore considered that the proposed development is unlikely to significantly impact on the streetscape and adjoining and surrounding development.

 

Privacy

 

The existing ground floor bed room, which has doors opening onto the existing side deck, is proposed to be included within the existing living room. Doors opening on the existing side deck are proposed to be fixed so that activity from the living room does not spill out onto the existing side deck.

 

The proposed first floor deck is 3.0m by 3.0m wide and has a privacy screen towards the northern side. In addition, the deck is approximately 6.0m away from the northern side boundary. It is considered that the proposed deck would not significantly impact upon the privacy of the adjoining properties.

 

The first floor north facing windows serve bed rooms and not living rooms. In addition the windows have privacy screens to ensure reasonable privacy is maintained between the adjoining properties.

 

Therefore it is considered that a reasonable level of privacy is maintained between the adjoining properties.

 

Views

An objection to the development, from a neighbour, has been that the proposed development would have an impact on city views.

 

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

 

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

 

In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions which should be addressed in assessing whether the impact on views is considered unacceptable.  The following is an assessment of the application in terms of these questions which are:

 

1.         The assessment of the views to be affected. Some views (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 not high value in that they are not iconic or water views.

 

2.         The views being impacted are across the side boundaries rather than from the front or rear of the property and are thus recognised as being difficult to protect.

 

3.         The impact upon views has been significantly reduced by proposing a flat roof, the height of which is lower than the existing ridge height.

 

4.         The proposal complies with all relevant planning controls except for a minor variation in with respect to front building line and which is considered reasonable. In this respect view impact of a complying development is considered acceptable and view sharing reasonable.

 

In view of the above findings it is considered that the proposal reasonably satisfy the requirements of Councils Code and view sharing principals.

 

 

 


Overshadowing

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments or over the development itself. The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling will receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access is to be retained in accordance with the requirements of the DCP.

 

Heritage

 

The proposed addition is a flat roofed contemporary addition which would be of a contrasting character and not in conflict with of the existing heritage items. It is considered that the proposed extension would not reduce the heritage significance of the adjoining heritage items.

 

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

 

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

 

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

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Two submissions were received.

 

From Resident of 1/19 Glenview St.

 

Concerns expressed regarding the proposal being more than two storeys.

 

Comment: With reference to north elevation, the upper floor addition is set towards the rear so that the proposal does not exceed two storeys above natural ground level at any point. 

 

Concerns expressed regarding over development of site.

 

Comment: As indicated in the compliance table above the total proposed floor space is less than the maximum permissible. Therefore it cannot be considered that the site is being overdeveloped.

 

Privacy screen planting along the northern boundary as required by previous development application.

 

Comment: Screen planting along the northern boundary was required as per Condition 4 of DA147/03. The matter was taken up separately independent of the subject application where it has been indicated that four Robina mop top trees & five Moraya trees have been planted along the boundary.

 

The proposed first floor deck has an 1800mm privacy screen towards the northern side. The first floor north facing windows serve bed rooms and not living rooms. In addition the windows have privacy screens to ensure reasonable privacy is maintained between the adjoining properties.

 

From Resident of 21 Glenview St.

 

Non Compliance with DCP in relation with Ceiling height:

 

Comment: As per north elevation, the ceiling height, measured from the natural ground level, complies with requirements of the DCP.

 

Non Compliance with DCP in relation with number of storeys:

 

Comment: This issue has already been discussed in the report above.

 

Non Compliance with DCP in relation with front setback:

 

Comment: The proposed front balcony projects 1.2m within the front building line. The width of the balcony is not substantial as compared to the overall width of the building. It is considered that the projection of the balcony would articulate the front building façade.

 

Non Compliance with DCP in relation with soft landscape area:

 

Comment: The proposal complies with the requirements of the DCP.

 

Loss of privacy

 

Comment: The screen planting along the northern boundary, as required by condition 4 of DA147/03, has already been discussed in the report above.

 

The existing ground floor bed room, which has doors opening on the existing side deck, is proposed to be included within the existing living room. Doors opening on the existing side deck are proposed to be fixed so that activity from the living room does not spill out to the existing side deck.

 

Loss of views:

 

Comment: As discussed previously in the report the proposal is considered acceptable with respect to view sharing principles.

 

First floor deck:

 

Comment: The proposed first floor deck is 3.0m by 3.0m wide and has a privacy screen towards the northern side. Furthermore, the deck is approximately 6.0m away from the northern side boundary. It is considered that the proposed deck would not impact upon the privacy of the adjoining properties.

 

Impact upon heritage Items.

 

Comment: As discussed previously in the report, it is considered that the proposed extension would not reduce the heritage significance of the adjoining heritage items.

 

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

 

 

 

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 D101/08 for alterations and additions to an existing semi-detached dwelling including a first floor addition at 23 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.         (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.         (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.

 

5.         (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.

 

6.         (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.

 

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

 

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.       (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.

 

12.       (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.

 

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

 

14.       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.

 

15.       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;

 

16.       (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.

 

17.       (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.

 

18.       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.

 

19.       (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.

 

20.       (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.

 

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

 

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

 

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

 

24.       (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.

 

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

 

26.       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.

 

27.       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.

 

28        (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.

 

29        (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.

 

30        (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.

 

General Engineering Conditions

 

31        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.

 

32        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.

 

33        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’.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

34        Control of Stormwater Runoff. The stormwater runoff from new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

            The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a Charted Practising Engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.

 

35        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.

 

36        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

 

37        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. 

 

38        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.

 

39        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.

           

40        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

 

41        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 any new element of the 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

2 Pages

 

AT‑2 View

Notification Plan

1 Page

 

 

 


Planning and Building Committee Meeting 18 August 2008

 

Environmental Services Division Report No. 51

 

 

 

 

 

Reference:    Environmental Services Division Report No. 51

Subject:          Delegated Authority Report - July 2008    

Record No:    SU1863 - 28879/08

Author(s):       Michael Mason 

 

 

 

During the month of July 2008 a total of 40 Development Applications were determined under delegation by staff and 1 by Council.  In addition 11 Construction Certificates and 27 Privately Certified Construction Certificates were issued.  There were 5 Privately Certified Complying Developments and 1 by Council.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of Development Applications determined for July 2008

6 Pages

 

 

 


Planning and Building Committee Meeting 18 August 2008

 

Environmental Services Division Report No. 328

 

 

 

 

 

Reference:    Environmental Services Division Report No. 328

Subject:          23A Glenview Street, Greenwich    

Record No:    DA08/102-01 - 27856/08

Author(s):       Rajiv Shankar 

 

 

 

Property:                     23A Glenview Street, Greenwich

 

DA No:                         DA102/08

 

Date Lodged:              4 April 2008

 

Amended Plans:         Yes

 

Cost of Work:              $400 000

 

Owner             :                       B & S Warn

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to an existing semi detached dwelling including a first floor addition and pool.

ZONE

Residential 2(a1)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  60-64, 66, Greenwich Rd, 8, 12, 19, 21, 23, 25, 27 Glenview St, 2, 4 Chisholm St,

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

Progress Association Greenwich Community Association.

 

REASON FOR REFERRAL:

 

The application has been referred to the Planning and Building Committee because the application for 23A Glenview Street - DA 101/08, the adjoining semi-detached dwelling house, is being considered by Planning and Building Committee.

 

 

 

 

EXECUTIVE SUMMARY:

 

  • The subject property is one of a pair of existing semi-detached dwellings. A separate Development Application DA 101/08- 23 Glenview Street, Greenwich for the adjoining semi-detached dwelling for similar works has also been lodged with the Council for consideration.

 

  • The proposal is for alterations and additions to the existing semi detached dwelling which includes a first floor addition and a pool towards the rear.

 

  • Objections have been raised by the resident of the adjoining dwelling house towards the south in relation to overshadowing, privacy and heritage.

 

  • The proposal substantially complies with the requirements of the Council’s Dwelling House Code with the exception that the proposed front balcony projects by 1.2m within the front building line.

 

  • The application is recommended for approval.

 

SITE:

 

The site is located on the western side of Glenview Street. The site is rectangular in shape with front and rear boundaries of 9.145m and 8.915m respectively and the side boundaries of 45.72m.  The site is the southern side of a pair of existing semi-detached dwellings. The site falls towards the street.

 

The site features a brick semi-detached dwelling with a tiled pitched roof over a garage on the lower ground floor. The access to the ground floor is from a staircase towards the front which is common to the adjoining semi-detached dwelling. There is one tree in the front and one towards the rear. There are two trees towards the side of which one is proposed for removal.

 

Neighbouring to the north is the adjoining semi-detached dwelling. Towards the south is a brick and tiled single storey dwelling house.   Site Location Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for additions and alterations to the existing semi-detached dwelling including a first floor addition and a pool towards the rear which includes:

 

Level 1 (Lower Ground Floor)

 

o  An internal stair from level 1 to level 2.

 

Level 2 (Ground Floor)

 

·         A bed room with an ensuite/ robe and a covered balcony towards the front.

·         Internal alterations including demolition of existing bed room internal walls to include it within the existing living room.

·         A deck towards the side of the dwelling.

·         A new laundry towards the rear.

·         A deck towards the rear.

·         A sky light above the existing second bedroom.

·         An internal stair from level 2 to level 3.

·         Pool towards the rear of the dwelling.

Level 3 (First floor)

 

·         Two bed rooms.

·         A bath and a family room.

·         A deck towards the front, with a privacy screen towards the south.

·         A deck towards the rear.

 

PREVIOUS APPROVALS/HISTORY:

 

Nil

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (422.9m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.619

0.625

Yes

Soft Landscaped Area            (min)

36.9%

35%

Yes

Side Boundary Setback (min)

1500mm

1500mm

Yes

Overall Height (m)       (max)

6.8m

9.5m

Yes

Ceiling Height (m)       (max)

7.5m

7.0m

Yes

No of Storeys

2 (at any point – refer side elevation)

2

Yes

Front Building Line      (max)

7.5m to external wall.

6.3m to front balcony.

7.5m

7.5m

Yes

NO

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1m max

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)

6m

3m

Yes

Setback from boundary if concourse is >500mm above natural ground level  (min)

900mm            from edge of concourse

900mm            from edge of concourse

Yes

 

REFERRALS:

 

Manager Assets

 

No objection expressed subject to conditions.

 

Manager Parks

 

No objection expressed subject to conditions.

 

Rural Fire Service

 

No objection expressed subject to conditions.

 

 

Heritage Advisor

 

The original proposal was referred to the Council’s heritage advisor who stated that he was not opposed to a modern design in this situation; however the proposal had potential to impose an unacceptable impact on the neighbouring heritage item and streetscape.

 

The proposal was amended and the heritage consultant, in relation to the amended proposal stated:

 

“…I believe what has been submitted is what we should accept, subject to you being satisfied that Code requirements are complied with.”

 

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 2008

 

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

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table and matters for consideration, with the exception of the front building line setback, the proposal complies with the code’s provisions and it is considered to achieve the objectives for each provision.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for the front building line setback, however it is considered satisfactory on the following grounds:

 

The front setback of the external wall is 7.5m which is in accordance with the requirements of the Dwelling House Code. The proposed front balcony projects by 1.2m into the front building line. The width of the balcony is not substantial as compared to the overall width of the building. It is considered that the projection of the balcony would articulate the front building façade.

 

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

 

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality.  The proposed addition would be a flat roofed contemporary addition which would not be in conflict with the adjoining heritage items.  It is therefore considered that the proposed development is unlikely to significantly impact on the streetscape and adjoining and surrounding development.

 

Privacy

 

The elevated portion of the side deck on the ground floor is not considered very wide to be used for entertainment purposes and the wider portion of the deck is very close to the natural ground level. The setback of the wider portion of the side deck, close to the proposed laundry, shall be a minimum of 900mm from the side boundary as a condition of consent.

 

Adequate screen planting along the southern side boundary already exists to provide reasonable privacy between the adjoining properties.

The proposed first floor deck is 3.0m wide and has a privacy screen on its southern side. The deck is approximately 5.0m away from the side boundary. It is considered that the proposed deck would not significantly impact upon the privacy of the adjoining properties.  There are no upper floor windows to living rooms which face south.

 

It is considered that a reasonable level of privacy is maintained between the adjoining properties.

 

Overshadowing

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments. The shadow diagram indicates that the proposed extension does not cast a shadow on the kitchen window from 11.00am onwards. The private open space & the windows serving habitable rooms in the adjoining dwelling house will receive 3 hours of sunlight between 9am & 3pm and complies with the requirements of the DCP.

 

Heritage

 

The proposed addition is a flat roofed contemporary addition which would be of a contrasting character and not in conflict with of the existing heritage items. It is considered that the proposed extension would not reduce the heritage significance of the adjoining heritage items.

 

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

 

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

 

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

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. One submission was received.

 

From resident of 25 Glenview St.

 

Overshadowing

 

Comment: The shadow diagram indicates that the proposed extension does not cast a shadow on the kitchen window from 11.00am onwards. The windows serving habitable rooms in the adjoining dwelling will receive 3 hours of sunlight between 9am & 3pm and in this regard it is considered that solar access is to be retained in accordance with the requirements of the DCP.

 

Privacy:

 

Comment: The elevated portion of the side deck on the ground floor is not considered very wide to be used for entertainment purposes. The wider portion of the deck is very close to the natural ground level. Adequate Screen planting along the southern boundary already exists to provide reasonable privacy between the adjoining properties.

 

Heritage

 

Comment: It is considered that the proposed extension would not reduce the heritage significance of the adjoining heritage items.

 

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

 

 

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.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Notification Plan

1 Page