Agenda of Ordinary Council - 1 September 2008

Ordinary Council Meeting 1 September 2008
Environmental Services Division Report No. 318

Reference: Environmental Services Division Report No. 318

Subject: 23 Glenview Street, Greenwich

Inspection Committee after considering the matter referred this Report to the Ordinary Council meeting to be held on 1 September 2008.

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

Ordinary Council Meeting 1 September 2008
Environmental Services Division Report No. 328

Reference: Environmental Services Division Report No. 328

Subject: 23A Glenview Street, Greenwich

Inspection Committee after considering the matter referred this Report to the Ordinary Council meeting to be held on 1 September 2008.

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)

· 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:

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

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.

CONCLUSION

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.

(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.

a) New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

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

Ordinary Council Meeting 1 September 2008
Environmental Services Division Report No. 53

Reference: Environmental Services Division Report No. 53

Subject: Draft Advertising & Signage DCP

Record No: su2942 - 30251/08

Author(s): Brendan Metcalfe

Executive Summary

Council is requested to adopt the amended Draft Advertising and Signage DCP attached at AT1, following its public exhibition in January/February 2008. Four submissions were received on the draft plan with very positive feedback and some minor requests for amendment. The Comprehensive DCP (CDCP) project is underway and it is recommended that Council adopt the Advertising & Signage DCP for immediate use whilst other parts of the CDCP are prepared.

Background

(I) Consultation

The Draft Advertising and Signage DCP was prepared by consultancy Scott Carver Pty Ltd, in consultation with Council’s Strategic Planning and Development Assessment sections, and seeks to provide guidance for applicants and staff for signage and advertising development to “ensure the character of buildings, streetscapes and vistas are consistent with Council’s desired future outcomes”.

Four workshops have been conducted during the development of the Draft DCP, being:-

· Councillor Workshop 23 April 2007

· Stakeholder Workshop 30 April 2007

· Staff Workshop 10 July 2007

· Councillor Workshop 10 September 2007

Councillors provided input in the April workshop regarding the scope of the project. At the September workshop, Councillors were briefed on the issues raised during the Stakeholder workshops, with the issues raised discussed below in section (iii).

Public feedback from the Stakeholder Workshop and Councillor comments at each stage were considered in preparation of the Draft DCP, which was adopted for exhibition at the Council meeting of 17 December 2007. Following its exhibition from 11 January to 22 February 2008, the Draft DCP is submitted for adoption.

(ii) Relationship to Other Plans

The DCP has been prepared under the Environmental Planning and Assessment Act 1979 and in accordance with the Environmental Planning and Assessment Regulation 2000. Whilst Council prepared the Draft DCP in April 2007, the State Government proposed an amendment to (i) State Environmental Planning Policy No. 64 (SEPP 64) Advertising and Signage and (ii) the consultation draft Transport Corridor Outdoor Advertising and Signage Guidelines.

In August 2007 an amended SEPP 64 was gazetted, the aims of which were to permit advertisements on road and railway corridors, including the St Leonards rail corridor, and to control the display of election material. The Draft DCP is designed to be used in conjunction with the SEPP and has been prepared with consideration of its provisions.

The Draft DCP is intended to be used in conjunction with the Lane Cove Local Environmental Plan (LEP) 1987. However, the zone labels appropriate to DLEP 2008 have been used, for ready conversion to the CDCP. Signage is prohibited in all residential zones by Clause 13 of LEP 1987, although business identification signs are allowed under other policies. LEP 1987 is silent on signage within other zones.

Draft Local Environmental Plan 2008 (DLEP 2008) permits advertising and signage in all zones, “Signage” is defined as:

“any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes:

(a) building identification signs, and

......... (b) business identification signs, and

but does not include traffic signs or traffic control facilities”. (DLEP 2008)

The Draft DCP is intended to restrict the types of signage which are appropriate throughout the Municipality. For example third party signage Billboards and the like is only permitted in St Leonards.

It is intended that some signage should become exempt or complying development. Council is required to review its Exempt and Complying Schedules of the Comprehensive LEP within 12 months of its gazettal, and Councillors, staff and the community will have input into the document.

The Draft Advertising & Signage DCP complements the Business Use of Footpaths Policy which has been prepared over a similar period.

(iii) Preparation of the Plan

The exhibited Draft Advertising & Signage DCP was prepared following an urban design analysis and included character statements based on development form and intensity (Chapter 2), specifically:-

· Lane Cove Town Centre

· St Leonards

· Neighbourhood Centres of

· Blaxlands Corner

· Yorks Corner

· Greenwich Village

· Lane Cove West and

· Burns Bay Road

· Lane Cove West Business Park

The nine areas identified were then evaluated with Councillors and Stakeholders to determine development controls for advertising and signage. These controls then formed the Draft Advertising & Signage DCP for the exhibition.

Prohibited signage was of particular interest, with A-frames, flashing, video, neon, hanging and roadside advertising or signage all being prohibited after strong opposition.

Temporary signage to allow businesses to advertise sales and specials etc was included as permissible for 1 week per month and a maximum of 4 times per year. Temporary real estate agent signage was permissible in all zones, however no real estate signage was permitted in public roads or reservations. Flush wall mounted signage was permitted for temporary content subject to merit assessment from Council.

The general signage controls component of the Draft DCP (Chapter 3) contained detailed information on the various types and forms of permissible signage across the Municipality. For the Lane Cove Town Centre 25% window coverage was permitted as was projected above-awning signage. Below-awning signage was permitted in all locations with a minimum of 3 metres between each. Top hamper signs were also permissible in all locations. Two options were provided for exhibition for plinth and pole signage for arcades.

Less common signage types such as illuminated signage, limited above-awning signage to 11pm, and 10pm where residences may be affected, and telephone booth signage were also addressed. Signage in residential zones was to respect the area’s residential nature and to be of a scale which does not detract from the streetscape or property on which the sign is located.

Discussion

(i) Submissions to the Public Exhibition

In response to the six week exhibition, submissions (distributed to Councillors by memo) were received from Lane Cove ALIVE, Residents and Shopkeepers for Appropriate Development (RASAD) and the Outdoor Media Association. The relatively few submissions received may be due to the plan being exhibited simultaneously with DLEP 2007, which drew a large response from the community.

The draft plan was strongly supported, though with some amendments requested. Discussion of the submissions is contained in AT2 to this report, which presents a summary of the submissions, and provides comment on proposed amendments to the DCP.

Issues raised by the submissions included support for: -

· The objectives of the Draft DCP

· Less above awning signage

· Establishment of a co-ordinated signage policy for the Municipality and in the Lane Cove Village Town Centre specifically

· Pylon signs for arcades

· Applications for signage requiring considering the architectural features of the building they are for located on

· The methodology behind merit assessments

Amendments requested to the Draft DCP included:-

· Removing the general prohibition of third party signage across the Municipality

· Removing the requirement for pre-DA meetings for third party advertising

· Permitting video and LCD signage throughout the Municipality

· Not permitting above awing signage

· Not permitting Illuminated signage in the Lane Cove Village Town Centre

· Specifying a time limit for display of event banners

· Prohibiting signs with temporary content such as blackboards outside cafes and restaurants

· Further information on signage in residential zones

· Pylon signs only being used in the Village Town Centre for arcades and permitting other types of signage (unspecified) as an alternative to A-frame signs which are to be barred under the Business Use of Footpaths Policy

(ii) Proposed Amendments

Recommended amendments to the Draft DCP as detailed in AT 2, following consideration of the submissions and preliminary use of the DCP by DA staff, propose to:-

(a) Remove the requirement for pre-DA meetings for third party signage

(b) Permit video and LCD signage in St Leonards

(d) Amend references to the Town Centre to the Village Town Centre

(e) Move blackboard style temporary content signage to under awing signage specifying maximum dimensions of 900 x 620 mm, to wall mounted rather than on the footpath

(f) Specify a time limit for display of temporary banners advertising events of 3 weeks prior and removal within 48 hours of the event

(g) Add an objective for community facilities, schools, churches etc in residential zones permitting structures to display community information,

(h) Specify that parked mobile advertising is prohibited as opposed to moving advertisements

(i) Add a clearer statement restricting third party signage to the St Leonards commercial centre in Chapter 3 of the DCP

(iii) Next Steps

If Council resolves to proceed with the recommended Draft DCP, public notice of Council’s decision must be given within 28 days in accordance with the Environmental Planning and Assessment Regulation 2000, and a copy of the plan would be forwarded the Director-General of Planning. The plan would come into effect on the date of the public notice in a local paper or date stated in the notice.

Conclusion

Following Councillor and Stakeholder Workshops and public exhibition, the amended Draft Signage and Advertising DCP is now recommended for adoption as final, with amendments as described above. Adopting the DCP means that it will be used under LEP 1987 prior to its inclusion in the CDCP, allowing time for further refinement at that stage should it be necessary.

A copy of the draft plan should be forwarded to the Outdoor Media Association, participants of the Stakeholder Workshops, community progress associations and persons making submissions on the draft plan.

RECOMMENDATION

That Council:-

1. Adopt the Draft Advertising & Signage DCP as detailed in AT1, which includes:-

a. Remove the requirement for pre-DA meetings for third party signage

b. Permit video and LCD signage in St Leonards

c. Include flush wall signage as an alternative to projected signage in the Lane Cove Village Town Centre

d. Amend references to the Town Centre to the Village Town Centre

e. Move blackboard style temporary content signage to under awing signage specifying maximum dimensions of 900 x 620 mm, to wall mounted rather than on the footpath

f. Specify a time limit for display of temporary banners advertising events of 3 weeks prior and removal within 48 hours of the event

g. Add an objective for community facilities, schools, churches etc in residential zones permitting structures to display community information

h. Specify that parked mobile advertising is prohibited as opposed to moving advertisements

i. Add a clearer statement restricting third party signage to the St Leonards commercial centre

2. Forward a copy of the plan to the Director-General for his information,

3. Give public notice of the adoption of the DCP by advertisement,

4. Notify the Outdoor Media Association, participants of the Stakeholder Workshops, community progress associations and persons making submissions on the draft plan, and

5. Monitor and review the DCP as required prior to its inclusion in the Comprehensive DCP.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Lane Cove Signage & Advertising DCP	32 Pages
AT‑2 View	Advertising & Signage DCP Submission Analysis	3 Pages

Ordinary Council Meeting 1 September 2008
Environmental Services Division Report No. 356

Reference: Environmental Services Division Report No. 356

Subject: 80 Longueville Road, Lane Cove (The Longueville Hotel)

Record No: DA04/166-1 - 30320/08

Author(s): Andrew Thomas

Property: 80 Longueville Road, Lane Cove – The Longueville Hotel

DA No: DA04/166B

Date Lodged: 30.10.07

Cost of Work: Not applicable

Owner : Campion Holdings Pty Ltd (Godavi Pty Ltd)

Author: Andrew Thomas

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	S96 amendment of consent requesting an extension to the operating hours of the outdoor area from 11pm to 12 midnight on each day.
ZONE	Business General 3(a)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes: proposal is an amendment to the original consent
IS THE PROPERTY A HERITAGE ITEM?	Yes: it is a built item of local significance under the Lane Cove LEP 1987
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 3, 6 and 7a
STOP THE CLOCK USED	Yes: 5.12.07 – 15.4.08 and 10.6.08 – 25.6.08
NOTIFICATION NB: the s.96 application was notified on two occasions.	Neighbours First notified between 28.4.08 and 11.5.08 to 71, 73, 79-83, 86-88, 90, 92, 94 Longueville Road; 7-9 Little Street; and the Lessee of the Lane Cove Aquatic Centre. Subsequently notified between 4.7.08 and 17.7.08 to the same property owners as before, plus the Owners Corporation and owners of the units at 11-13 Little Street. Ward Councillors All Councillors were notified on both occasions Progress Association Osborne Park on both occasions Other Interest Groups RASAD, the Lane Cove Chamber of Commerce and Lane Cove Alive were notified on both occasions

REASON FOR REFERRAL:

This s.96 application is referred to Council because Council determined the original development application.

EXECUTIVE SUMMARY:

· This report assesses a request to amend a condition of an original development consent imposed by Council which restricts the use of an outdoor area at the rear of the hotel to 11pm on any night.

· The applicant (and Licensee) originally requested that the condition be amended to allow the outdoor area to be used until 3am between Monday – Saturday and up until 12 midnight on Sunday.

· By letter received in June of this year, the applicant varied the original request such that the outdoor area would only be able to be used up until 12 midnight on all days of the week i.e. an increase of only one hour beyond the existing time restriction.

· Both the original and the revised requests have been notified on two separate occasions: Council received 10 objections to the original request to increase the use up until 3am, but only 2 submissions when the reduced time was notified.

· Council has also referred the proposal to Chatswood Police, which supports the original request subject to some review.

· Despite the submissions received to the notification of the proposal the revised request to increase the use of the outdoor area by one hour to 12 midnight is not considered significant and is recommended for support.

SITE:

The subject site is located at the corner of Longueville Road and Little Street and extends through to its rear boundary to Little Lane. The site is a heritage item of local significance under the Lane Cove LEP. Development on the site consists of a part 2 and part 3 storey hotel known as the Longueville Hotel. At the rear of this building is an attached outdoor terrace located above an enclosed carparking area accessed from Little Street. The terrace has a rear outlook over Little Lane and the adjoining Council carpark and to the north over Council’s carpark adjoining the Council Chambers and the Lane Cove Aquatic Centre.

The premises are currently licensed from 5am to 3am (on the following day) from Monday to Saturday, with Sunday trading hours being from 5am to 12 midnight. The premises include a restaurant which is open until 10pm daily. The hotel operates with a current Place of Public Entertainment licence. The outdoor terrace is allowed to open until 11pm on any night , but public entertainment is prohibited in this area at all times.

PROPOSAL:

Background

Since July 2007 smoking inside a hotel in NSW has been prohibited. Since the ban on smoking indoors hotel patrons have had to smoke outside the building. The applicant now wishes “to cater for, monitor and control the patrons” of the hotel “in a safe environment whilst on the premises”. Consequently this s.96 application seeks to vary the times the outdoor area can be used because it would be the only place where the general public could smoke on the premises.

Original s.96 Application

This s.96 application seeks to amend Condition 3 of the original development consent which states:

“3. The hours of operation of the outdoor area are not to exceed 11.00pm on any night.”

The original request was to allow the outdoor area to trade for a further 4 hours i.e. up until 3am between Monday – Saturday, and for a further one hour up until 12 midnight on Sunday (see applicant’s letter of 28 September 2007 attached at AT1).

In a letter of December 2007 Council wrote to the applicant repeating a concern regarding the use of the outdoor area and the potential effect on residents from noise which was raised during Council’s assessment of the original development application. The applicant was advised that due to the relatively close proximity of residential units Council would require the following:

· an acoustic report that assessed the potential impact of the use of the outdoor area for the time specified; and

· confirmation of the use(s) of the outdoor area during the time specified.

An acoustic report was submitted in April of this year (attached at AT2). The s.96 application was then notified as indicated earlier in this report between April and May and 10 submissions were received.

Revised s.96 Application

In June this year Council wrote to the applicant stating that the acoustic report did not adequately address the request to extend the operating hours of the outdoor area to 3am as it only dealt with an extension to 12 midnight. Council requested a further report.

The applicant responded in a letter dated 23 June 2008 (attached at AT3).This letter stated that it was now only proposed to seek an extension of the operating hours of the outdoor terrace until 12 midnight 7 days a week. This revision to the original s.96 application was renotified and two submissions were received.

PREVIOUS APPROVALS/HISTORY:

At its meeting on 6 June 2005 Council determined Development Application D116/04 which sought alterations and additions to the Longueville Hotel which included the outdoor terrace. Council resolved to delegate to the General Manager authority to approve the development application subject to the concurrence from the Heritage Office given the heritage significance of the building. The Heritage Office subsequently confirmed that the proposal would be in sympathy with the existing structure and requested a number of minor amendments, to which the owner agreed.

Development consent was granted on 15 August 2005 subject to a number of conditions, including Condition 3 (stated above) and Condition 4 which prohibits public entertainment in the outdoor area at all times.

The applicant subsequently requested a review of Condition 17 of the approved conditions. Condition 17 required the applicant to erect a safety fence along the property’s Longueville Road frontage. At its meeting of 19 September 2005 Council resolved to delete Condition 17 and an amended consent was issued on 21 September 2005.

ASSESSMENT

SECTION 96

The proposed modification of the original development consent has been assessed against s.96 of the Environmental Planning and Assessment Act, 1979, as amended. In relation to the consent proposed to be modified it:

· would otherwise retain the development for which Council’s consent was originally granted;

· is not of any State or regional significance; and

· has been notified on two separate occasions to the same persons and community groups that were notified of the original development application in 2004 including two property owners, RASAD and the Osborne Park Progress Association who all objected to the original development application. In addition, when the s.96 application was subsequently revised it was renotified to these same persons and community groups as well as to the 10 objectors to the original s.96 application.

Council remains the consent authority for the determination of the s.96 application.

SECTION 79C: MATTERS FOR CONSIDERATION

Section 79C(1)(a)

Lane cove local environmental plan 1987 (the lep)

The proposed amendment to the original consent is permissible in the Business General 3(a) Zone under the LEP and would satisfy a relevant objective under this zone as it would preserve the existing village character of the Lane Cove Shopping Centre. The proposed amendment of Condition 3 of the original development consent would not impact on the heritage significance of the subject site.

Draft lane cove local environmental plan 2008 (the DLep)

The proposal does not raise any issues in relation to the proposed Zone B2 Local Centre under the DLEP. The proposal would satisfy a relevant objective of this zone which is to provide a range of entertainment uses serving the needs of people who live in, work in and visit the local area.

Other Planning Instruments

Not applicable.

VARIATIONS TO Council’s Codes/PolicIes

Not applicable.

REFERRALS

1. Chatswood Police

Comments were provided by the Crime Prevention Officer (with input from the Licensing Officer) who confirms:

· the premises have “to date generated minimal complaints relating to noise, with none that have required intervention by Licensing Police”; and

· patrons frequently congregate on the footpath to smoke which creates a number of potential problems which could be overcome by an “on-premises” smoking area.

Chatswood Police raise no objection to the proposal (as originally proposed i.e. to extend the hours of the outdoor area until 3am) subject to:

· no amplified music to be played on the outdoor terrace after 12 midnight Sunday – Wednesday and after 1am Thursday – Saturday; and

· that the outdoor bar ceases to trade within these same time periods.

Chatswood Police suggests that the use of the outdoor area (to 3am) should be subject to a 12 month evaluation period.

2. Manager, Community Services

Council’s Manager, Community Services (CMCS) states that some studies have confirmed a link between people who smoke, gamble and drink and advises that limiting access to an area where people can engage in these activities is socially responsible in terms of public policy which could impact on other areas (particularly health and social issues) of society. CMCS raises no objection to the use of the outdoor terrace until midnight.

3. Environmental Health Officer (EHO)

Council’s EHO confirms that as the acoustic report addressed noise issues up to 12 midnight it is acceptable in addressing potential noise impacts for the subsequent reduced times requested.

Council’s EHO adds that residential development on the Little Lane carpark may cause problems in the future, although two conditions of the original development consent already address intrusive and offensive noise. These two conditions are:

“28. Proposed use and Operation of Plant and Equipment

The proposed use of the premises and the operation of all plant and equipment shall not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A). The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority's Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

29. Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environment Operations Act 1997.”

4. Lane Cove Alive

Please note: the response summarised below was to Council’s referral of the original proposal (i.e. to extend the use of the outdoor area up to 3am).

In summary the concerns raised were:

· Documentation submitted is ambiguous and unclear about extension sought.

· The applicant’s acoustic report does not appear to address the extension in trading hours sought – it only covers a period up to 12 midnight.

· Acknowledge that whilst it is desirable to activate the Village after business hours, this raises a number of issues identified by individual Lane Cove Alive Leadership Group members (addressed in this report under the later heading RESPONSE FROM NEIGHBOURS).

· Acoustic report only addresses the noise impact from the hotel’s outdoor terrace on the façade of any future building on the Little Lane carpark site and not future residents, nor the potential noise impacts of hotel patrons returning to vehicles parked within this development’s underground carpark – it may be appropriate to close off access to the carpark for the public at midnight.

· The submission excludes how alcohol driven anti-social behaviour would be managed outside the hotel, on the streets and within carparks used by hotel patrons - security and/or Police presence need to be considered.

· The incidence of anti-social behaviour would be likely to increase with the eviction of hotel patrons after long periods of drinking – a situation that is more likely to occur at 3am than at midnight.

· If the s.96 application is to be supported Council should impose a rotating period of 2 years to allow for a review of all impacts.

In a subsequent letter Council notified the organisation of the applicant’s revised request (i.e. to only use the outdoor area until 12 midnight) but no response was received.

RESPONSE FROM NEIGHBOURS (SECTION 79C(1)(d))

Original notification

Ten submissions were received when the proposal was first notified based on the applicant’s original request to extend the hours of use of the outdoor area from 11pm to 3am Monday – Saturday, and up to 12 midnight on Sunday. In summary the concerns raised were:

· Hours

Should remain at current level, especially Sunday – Thursday. Should not exceed 12 midnight.

· Noise

Has been reasonable, but increased times would increase binge drinking, drunkenness, noise in local streets and Pottery Green and property damage and would reduce property values.

· Younger drinkers

Believe applicant (Licensee) and hotel staff “are doing their best”, but aspects of alcohol abuse (e.g. urinating/vomiting/attempted property damage) have affected adjoining premises and would link this to “Generation Y” drinkers. Increased hours would encourage this younger age group (born between 1983 and 1997) to visit Lane Cove rather than venues in North Sydney and the CBD.

· Community

Not in the best interests of local residents, local businesses or the community.

· Little Street Development

Residents of a future development on Council’s carpark site would not be able to open windows due to noise. Air conditioning would add to development’s cost and future energy consumption.

· Acoustic Report

Consultants have provided the answer the applicant requires. Anomaly is noise testing only occurred up to 12 midnight, not 3am. Background readings of some properties in Longueville Road, the Aquatic Centre and the Council Chambers are questionable (because these would not normally have equipment operating so late).

· Notification

Local residents need to be adequately consulted. Question probity.

· Time Limit/ Restrictions

Limit any approval for 2 years. What measures will be imposed?

· Managed Facility

Restrict music to inside and employ security staff (like the Cabana Bar at St Leonards).

· Police Role

Report incidents to the Police for their review (when license is renewed).

· Consultation

Instigate a Community Consultative Committee to ensure discussion between the publican and local residents.

General Comments

General comments on the concerns raised to notification of the original s.96 application follow.

· The revised s.96 application would satisfy the request that the use of the outdoor area does not extend beyond 12 midnight.

· Incidents of alcohol-related (poor) behaviour should reduce with shorter drinking times. However Council is reminded that the hotel already has a license to serve alcohol up to 3am from inside the premises.

· The response from the community and community interests has been mixed:

- The Lane Cove Chamber of Commerce did not reply to either of Council’s notification of the proposal.

- Although RASAD initially raised concerns about noise and its effect on local residents, it did not reply to notification of the reduced time.

- Chatswood Police were generally supportive of the original proposal (subject to certain conditions).

- The Osborne Park Progress Association does not support any increase in the opening hours of the outdoor area.

- The majority of residents and/or property owners notified – which was extended to include the owners of units at 11-13 Little Street – did not reply to either the original, or the revised, proposal.

· Potential purchasers of units on the Little Street carpark site and nearby shop-top housing are able to review the development consent for the hotel as part of any informed property decision.

· The acoustic report recommends that the outdoor terrace does not operate after 12 midnight and states if units are approved on the Little Street carpark site these would require acoustic treatment anyway based on the current 11pm operating times of the outdoor area, but that this acoustic treatment would cover any use extending up to 12 midnight.

· Council’s Environmental Health Officer (EHO) confirms that the acoustic report adequately addresses the potential noise impacts because although it only included noise issues up to 12 midnight , this covered the revision to the s.96 application which sought to reduce the use of the outdoor area to 12 midnight.

Council’s EHO also confirms that the pumps at the Aquatic Centre “run at all times”, and that Council’s air conditioning unit could operate up to midnight.

· Details of the notification of the proposal are given on pages 1& 4 of this report.

· Conditions 28 and 29 of the development consent already impose restrictions on offensive noise under the Protection of the Environment Operations Act 1997 and Regulations, and the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual.

· The outdoor area is not permitted for public entertainment and, as such, noise does not create the same concern.

· Council’s EHO confirms that the Director of Liquor and Gaming has the power to address complaints about disturbance to the local community as part of a hotelier’s license, whose decision is reviewable by the Casino, Liquor and Gaming Control Authority.

Subsequent Notification

Two responses – one from an adjoining owner, the other from the Osborne Park Progress Association – were received to Council’s notification of the applicant’s subsequent revised s.96 application which only seeks to increase the use of the outdoor area to 12 midnight, not 3am as originally proposed. Both authors also commented on the original s.96 application. A summary of, and a comment on, the issues raised follows.

1. Trial

The adjoining owner states:

“this more modest application …… should be ‘given a go’…” perhaps on a review basis of 6 months to determine any complaints.

Comment

Since alcohol is served from inside the premises after midnight, the licensee must maintain an incidents register under the Liquor Act 2007, which is reviewable by the Casino, Liquor and Gaming Control Authority.

The revised modification of Condition 3 that is now sought is not recommended to be subject to a trial period because it only proposes an increase in the use of the outdoor area by one hour. However, this report recommends this option which Council may wish to consider.

2. Acoustic Report

The Osborne Park Progress Association states:

· is seriously flawed because background noise level measurements were only taken on two nights when some mechanical plant was operating due to unusual circumstances;

· requires a more thorough acoustic survey to be carried out when adjacent mechanical plant is typically not operating and over a wider period – not just two days;

· states that it is reasonable to assume that the actual level of background noise for most of the year is at a much lower level than the figures provided in the acoustic report, and that it is highly likely there may be noise non-compliances in both Little Street and Phoenix Street; and

· that it is inappropriate for Council to support an extension of operating hours for the outdoor terrace beyond 11.00pm.

Comment

Council’s Environment Health Officer (EHO) confirms that background noise monitoring for the acoustic report was conducted over a period of one week, with two additional manned dates, and that these results were combined to determine background noise levels. The EHO also confirms the pumps and motors for the Aquatic Centre run at all times year round for the indoor centre, and that Council’s air conditioning unit can operate up to 12 midnight.

3. Little Street Carpark Development

Previous comments (from the Progress Association) are still valid.

Comment

This concern has been addressed under the previous subheading General comments.

CONCLUSION

This report has assessed an application to amend a condition of consent to extend the use of an outdoor terrace at the Longueville Hotel. The original request proposed the use of the terrace be extended from its approved time of 11pm to 3am on most nights so that patrons who smoke could do so on the premises rather than on the footpath outside the building. Council requested an acoustic report to address the potential effect on local residents. This proposal was notified and 10 submissions were received.

In response to some of the issues raised Council requested further information. In reply the applicant confirmed that the proposed use of the outdoor terrace would only extend until 12 midnight on each night of the week. This revised request was notified to the community and two responses were received.

The acoustic report confirms that the extended use of the outdoor terrace would comply with current noise emission criteria at all existing nearby residential properties up until 12 midnight. This report also confirms that if residential units are to be approved on Council’s car park in Little Lane that some acoustic treatment of these units may be necessary but that such treatment would already be required even for the approved use of the terrace up until 11pm.

The proposal has the support of Council’s Environmental Health Officer and Manager Community Services. The original proposal had the qualified support of Chatswood Police. By contrast some community groups and residents have objected to the proposal.

As the current use of the terrace would generally appear to be satisfactory with no complaints received by Council the revised proposal, so as to only allow a one hour extension to its approved use, is a reasonable amendment of the original consent and is therefore recommended for approval.

RECOMMENDATION

A. That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act , 1979,as amended, the development consent D166/04 granted on 15 August 2005 (and as modified on 21 September 2005) for alterations and additions including minor demolition, extensions to the basement level for additional food and beverage storage, an outdoor bar, lounge and amenity block at the ground floor level, alterations to the two main facades and new signage on Lot 101 DP1092787, and known as 80 Longueville Road , Lane Cove, is amended in the following manner:

By amending Condition 3 to read :

“3. The hours of operation of the outdoor area are not to exceed 12 midnight on any night.”

B. Council determines whether Condition 3 as recommended to be varied under Part A above, should be subject to a time constraint to allow the condition to be reviewed.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Applicant's letter of 28 September 2007	1 Page
AT‑2 View	Acoustic report	15 Pages
AT‑3 View	Applicant's letter of 23 June 2008	1 Page

Ordinary Council Meeting 1 September 2008
Environmental Services Division Report No. 123

Reference: Environmental Services Division Report No. 123

Subject: 9 Park Road, Greenwich

Record No: DA93/119 - 31229/08

Author(s): Andrew Thomas

Property: 9 Park Road, Greenwich

DA No: D93/119

Date Lodged: 8.1.08

Cost of Work: N/A

Owner : W. Wynen

Author: Andrew Thomas

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Section 96 modification requesting modification to DA93/119.
ZONE	Residential 2(a1)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No. 3, 5 and 7 are heritage items.
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 3
STOP THE CLOCK USED	Yes : 3 April – 27 May 2008
NOTIFICATION	Neighbours 7, 11, 22, 24 & 26 Park Road; 10, 12 & 14 Portview Road Ward Councillors East Progress Association St. Leonards-Wollstonecraft

REASON FOR REFERRAL:

This report is referred to Council because Council approved the original development application in 1994.

EXECUTIVE SUMMARY:

· Development consent 93/119 was approved by Council on 10 October 1994 for the use of 9 Park Road as a boarding house.

· The applicant has submitted a section 96 modification seeking to vary the consent to amend condition 11 to reduce the requirement for 5 on-site parking spaces required so that a boarding house could operate on the site, to 2 spaces (existing).

· The additional car parking spaces required have never been provided, and the boarding house has operated continuously, and successfully, with only 2 car parking spaces.

· The owners of the property now intend to sell the premises, but this appears to be delayed by the 5 car parking spaces not having been provided.

· The proposal was notified to local residents and no submissions were received.

· To provide the 3 additional car spaces required to address Council’s decision would not be physically feasible.

· The request to vary the condition, and maintain the 2 car spaces on the site, has the support of Council’s staff who commented on the application.

· The section 96 modification is supported.

SITE:

The site is located on the west side of Park Road, midway between this street’s intersection with the Pacific Highway to the north and River Road to the south. The site is a rectangular lot with a frontage of 15.2m to Park Road and an area of 544m². Existing on the site is a two storey building set back about 10m from Park Road that is used as a boarding house.

At the rear of the site are 2 line-marked car parking spaces at right angles to each other, the larger of which is located parallel to the rear lane and the other parallel to the site’s southern side boundary.

The locality is residential and consists mainly of single storey dwelling houses. 3, 5 and 7 Park Road are heritage items.

PROPOSAL:

The Section 96 application states that it seeks to delete a condition of the original consent, but also that it seeks to modify condition 10 of that consent in relation to parking. In fact the application seeks to modify condition 11 of development consent 93/119 granted on 10 October 1994. Condition 11 stated:

11. Five (5) car parking spaces are to be provided at the rear of 9 Park Road. Four (4) spaces are to be appropriately angled, and accessed directly off Park Lane. Each car space is to have minimum dimensions of 2.4 x 5.4 metres. The fifth car space is for a small car, and is to have minimum dimensions of 2.3 x 5.0 metres, and is to be located on the southern side of the building.

Under Part A of the consent, the conversion into flats was not consented to, however under Part B, conditional consent was granted for the conversion of the building into a boarding house.

A meeting was held with the property owners and the applicant on 3 April 2008 to generally review the application and to request further information by way of a letter given to both parties at that meeting. The owner’s response was received on 27 May 2008.

PREVIOUS APPROVALS/HISTORY:

1. DA93/119

(i) Proposal

DA93/119 (and DA118/93 in relation to 11 Park Road) was submitted for the conversion of 4 self-contained flats into 12 self-contained serviced rooms, with ensuites and cooking facilities. Council was advised in the assessment report that although the property had been approved as 4 flats in the 1960s, the property was not currently a residential flat building. In addition the report stated that whilst the proposed use was existing and was therefore unauthorised that it could be categorised as a Class 3 building (under the BCA) if its existing cooking facilities were removed.

(ii) Parking

The DA form confirmed that whilst the site had 2 on site car spaces the application proposed 4. In his response to the application, Council’s Engineer confirmed that of the 4 car spaces proposed, one would be undersized and should be deleted and that only 3 would be viable. Council’s Engineer added that on-street parking in Park Road was already in short supply and that the proposal could increase demand for on-street parking.

Whilst the Assessment Officer’s recommendation was to refuse application for conversion of the building into 12 flats because of inadequate on-site car parking, it also stated that Council would look favourably on an application to convert the building into a boarding house, or a house let in lodgings, having only 10 rooms with two rooms converted into a communal kitchen/dining room, and providing 3 on-site car spaces.

In the assessment report it was stated that the current car parking shortfall was historical and would fluctuate depending on the type of guests. The report confirmed that a section 94 contribution could not be levied for the car parking shortfall. The report also confirmed that based on a recent conversion of a motel into units, the proposal would require either 10 car spaces based on a car parking rate of 0.8 car spaces per unit, or 12 car spaces based on 1 car space per 1 bedroom flat or bedsitter (as specified under the Residential Zones DCP 1987).

(iii) Resolution

When Council considered the assessment report it resolved that Council’s Chief Town Planner:

· prepare conditions of approval for the use of the property in its current form of bedsitters, including cooking facilities; and

· determine the maximum number of car parking spaces that could be provided on the site.

(iv) Outcome

In a subsequent report the Assessment Officer confirmed that whilst the site could accommodate 5 car spaces this would involve significant engineering works including a suspended slab. The report expressed a concern that cars would appear suspended, particularly when viewed from inside the bedsitter at the rear of the building. The report also stated that a car space on the building’s southern side would only be suitable for a small car, and that of the other 4 car spaces, these would need to be angled in relation to Park Lane and that each car would need to reverse into the laneway and use a turning area at the northern end of Park Lane before being able to exit Park Lane in a forward direction onto River Road. The report also confirmed that with 5 car spaces provided at the rear of the site, pedestrian access from the rear laneway to the main building entrance would be difficult.

When Council determined the matter, consent was granted for the conversion of each building into a boarding house with 9 Park Road being required to provide 5 car parking spaces at the rear of the building, with 4 of these spaces being angled and accessed directly off Park Lane and the fifth car space only being for a small car located on the building’s southern side.

2. D221/06

This 2006 application was for the construction of new rear lane parking area for 5 cars accessed from Park Lane. The applicant’s Statement confirmed that the proposal sought “to comply with the parking requirements previously given consent under a previous Development application, now lapsed.”

As development consent was not required to address a condition of consent, the application was withdrawn.

3. D2/07

Notwithstanding the advice and withdrawal of the 2006 DA, the same applicant submitted D2/07 for precisely the same proposal. The Assessment Officer advised the property owner that as the application would be refused it should be withdrawn, which it subsequently was.

REFERRALS:

Building Surveyor

Supports the proposal as it would allow the 2 existing car parking spaces on the site to remain without requiring the construction of a suspended slab to provide additional parking that would block light from the windows at the rear of the ground floor of the premises contrary to the BCA.

Traffic Manager

Confirms that only 2 cars are able to park on the site, and that these spaces comply with the current Australian Standard. Adds that any other car parking arrangement, such as the construction of a suspended slab, would create additional traffic issues for example sight distances. Confirms that the construction of a suspended car parking slab would not achieve a great benefit for a building that creates low parking demand. Also confirms that the reduction of parking spaces for the property (i.e. to the current level of 2) would not be detrimental to the overall parking in the area.

Heritage Adviser

Raises no objection to the proposal, and confirms that it would have no impact on the 3 neighbouring heritage items in Park Road.

ASSESSMENT

SECTION 96

The proposed modification of the original development consent has been assessed against Section 96 of the Environmental Planning and Assessment Act, 1979, as amended. In relation to the consent proposed to be modified it:

· would otherwise retain the development for which Council’s consent was originally granted;

· is not of any State of regional significance;

· has been notified to adjoining and/or adjacent owners and occupiers and the local Progress Association, but no submissions have been received.

Council remains the consent authority for the determination of the Section 96 application.

SECTION 79C MATTERS FOR CONSIDERATION

SECTION 79C (1) (a)

Lane Cove Local Environmental Plan 1987 (the LEP)

The proposed Section 96 modification of the original development consent is consistent with the objectives of the Residential 2(a1) Zone.

The proposal would not have any impact on the three heritage items at 3, 5 and 7 Park Road located to the north of the site.

Draft Lane Cove Local Environmental Plan 2008 (the DLEP)

The proposal does not raise any issues in relation to the DLEP.

Council’s Code/Policies

Whilst an earlier main heading Previous Approvals/History made reference to Council’s Residential Zones Development Control Plan 1987 (the DCP) there is no car parking requirement in this, or any other Council Code or Policy, in relation to boarding houses. In the officer’s assessment of the original development (DA93/119) this DCP, and conversions of motels to residential accommodation, were used to estimate on site car parking demand in conjunction with a merit assessment of the site’s existing use, its patronage and likely low car parking demand. Those findings have not significantly changed since that time. Consequently the assessment of this Section 96 application is also merit based.

Merits

The request to amend condition 11 of the consent can be supported for the following reasons:

· Council has no code or policy which stipulates what the on site car parking provision should be for a boarding-house; consequently the request can be assessed on its merits;

· the existing use would appear to be a low traffic generator;

· the proposal has the support of Council’s Traffic Manager who has confirmed that the use only creates a low parking demand, and that by amending the condition so that only the 2 current car spaces are required, would not be detrimental to parking in the area;

· although the owners of the site also own each adjoining site ,the provision of car parking on anything other than the subject site could be potentially fraught with legal issues and is not supported;

· the use has operated satisfactorily with only 2 car spaces and not 5 for many years ;

· the additional 3 car spaces required cannot be constructed in accordance with current standards; indeed the proposal has the support of Council’s Building Officer due to the adverse impacts that an alternative suspended car parking slab would have on a bedsitter located at the rear of the building; and

· no objections have been received to the notification of the application.

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

No submissions have been received.

CONCLUSION

The Section 96 application requests Council to modify condition 11 of DA93/119. Condition 11 requires 5 car spaces to be provided at the rear of an existing boarding-house. Although the use has operated from the site for a number of years, Council only gave approval for its continued operation in its determination of the original DA in October 1994. As there is no Council Code or Policy relating to on site car parking for a boarding-house the proposal has been assessed on its merits. The existing use would appear to be a low traffic generator even though only 2 car spaces are provided at the rear of the building. The request does not raise any significant issues and has the support of Council’s technical staff. Further, no objections have been received to the application and matters in relation to both Section 96 and Section 79C have been satisfied. As Council cannot request a monetary contribution under Section 94 of the Environmental Planning and Assessment Act, and the alternative suspended car parking slab would have adverse impacts, it is considered that condition 11 of the development consent may be amended to reflect the current on site car parking provision for 2 cars.

RECOMMENDATION

A. That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, development consent D93/119 granted on 10 October 1994 for the conversion of the existing building at 9 Park Road, St. Leonards into a boarding-house, is amended in the following manner:

By amending Condition B 11 to read:

“B 11. Two (2) car parking spaces are to be provided at the rear of 9 Park Road and are to be accessed directly off Park Lane.”

B. All of the other conditions of the original development consent, i.e. being conditions B1 10, and B12-15 inclusive, are retained.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

There are no supporting docuemtns for this report.

Draft Policy
Level of Participation	Inform	Involve	Consult
Form of Participation	Open	Targeted	Open
Target Audience	Lane Cove Community	Key message givers eg; committees of local sporting clubs and associations; presidents of local residents associations	Lane Cove Community; Local Sporting Clubs and Associations
Proposed Medium	Community newsletter; Public exhibition; signs at key parks and sportsfields	Briefing sessions; email	Website survey;
Indicative Timing	On line exhibition from 2 September 2008 until 3 November 2008; October community newsletter	Starting 27 August 2008	Starting 27 August 2008

Draft Policy
Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Whole Community	Whole Community
Proposed Medium	Advertisement, Public Exhibition at Civic Centre, E-newsletter and Website Exhibition	Web-Based Survey
Indicative Timing	September 2008	September 2008

AT‑1 View	Report No. 20 to Council dated 3 March 2008	3 Pages
AT‑2 View	Advice from Marsdens Solicitors dated 10 October 2007	7 Pages
AT‑3 View	Existing Subdivision Policy LO1005	1 Page
AT‑4 View	Proposed amendments to Subdivision Policy LO1005	1 Page
AT‑5 View	Amendments to Subdivision Policy LO1005	1 Page

Ordinary Council Meeting 1 September 2008
Notice of Rescission No. 1

Ordinary Council Meeting 1 September 2008
Order Of The Day No. 20

Ordinary Council Meeting 1 September 2008
Order Of The Day No. 21

Ordinary Council Meeting 1 September 2008
General Managers Report No. 29

Ordinary Council Meeting 1 September 2008
Open Space and Urban Services Division Report No. 29

AT‑1 View	Updated Draft Graffiti Policy	3 Pages
AT‑2 View	Updated Draft Graffiti Management Plan	6 Pages