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Agenda

Planning and Building

Committee Meeting

1 September 2008, 8:00PM

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 1 September 2008 commencing at 8:00PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 

 


Planning and Building Committee 1 September 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 18 AUGUST 2008

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 337

SUBJECT: 18 Lucretia Avenue, Longueville

  

 

 

 

               


Planning and Building Committee Meeting 1 September 2008

 

Environmental Services Division Report No. 337

 

 

 

 

 

Reference:    Environmental Services Division Report No. 337

Subject:          18 Lucretia Avenue, Longueville    

Record No:    DA08/39-01 - 28371/08

Author(s):       Rajiv Shankar 

 

 

Property:                     18 Lucretia Avenue, Longueville

 

DA No:                         D39/08

 

Date Lodged:              8 February 2008

 

Amended plans:          Yes

 

Cost of Work:              $300,000.00

 

Owner             :                       G P & C M Windeyer

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing two storey dwelling house.

ZONE

Residential 2(a2)

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                  13, 15, 16, 17, 19, 19A, 20, 21 Lucretia Av, 20, 22 Dunois St, 2 Wilson Lane

Ward Councillors       Clr A Smith, Clr K Freedman, Clr J Hassarati.

Progress Association:            Longueville Residents Association.

 

REASON FOR REFERRAL:

 

The application has been referred to the Planning & Building Committee on the request of Clr A Smith because of concerns raised by adjoining neighbours.

 

EXECUTIVE SUMMARY:

 

The proposal is for alterations and additions to the existing dwelling house.  The proposal entails the demolition of the existing first floor which is contained within the roof space of the existing building and the construction of a first floor addition.

The proposed floor level is at the same floor level as that of the existing first floor.

 

The proposal complies with all provisions of Council’s Dwelling Houses Code except that of maximum ceiling height limit and maximum overall height. The Council requirement for maximum ceiling height limit is 7m and the proposal is for 7.9 at its highest point.  The Council requirement for maximum overall height is 9.5m and the proposal is for 9.9m at its highest point. The maximum ridge height has been lowered by 400mm as a condition of consent. The proposal would comply with the overall building height limit.

 

When originally notified, the proposal attracted 6 letters of objection.  The proposal was amended and re-notified and 5 letters of objection were submitted.

 

In the amended plans, the applicant has reduced the overall building height by 810mm and the pitch from 30 degrees to 23 degrees and also reduced the width of a rear first floor balcony from 3.6m to 2.5m.

 

Neighbour concern has been raised with respect to:

 

The location of the natural ground level. (The study of the levels and Council information of the contours of the area indicates that indication of the natural ground level is satisfactory).

 

Loss of loss of privacy to 20 Dunois Street.  (A privacy screen above the existing rear fence has been required as a condition of consent).

 

Loss of view has been raised by the residents of dwelling houses across the street.  The roof pitch has been reduced considerably in the amended plans and further lowered as a condition of consent. The proposal is considered satisfactory with respect to view sharing principles.

 

Giving due regards to the information provided by the resident of 20 Dunois Street, which includes a survey dated 20 August 2008, and contour information available to Council, the natural ground level has been re-established and the overall ridge height reduced accordingly.

 

The existing dwelling has a maximum ridge at RL 21.215. The applicant, in the amended plans, has proposed a maximum ridge at RL 22.795 which would be 1.58m higher than the existing level.  This report proposes a reduced maximum ridge (by 400mm) to RL 22.395 which would be only 1.18m higher than the existing ridge.

 

The proposal is recommended for approval subject to conditions.

 

SITE:

 

The site is located on the northern side of Lucretia Avenue. The site is rectangular in shape with an area of 843 sqm and falls away from the street.  Properties at the rear have a frontage to Dunois Street.

 

The site features a two storey brick and tile dwelling house with the first floor contained within the existing roof space and a balcony towards the rear. From the rear, there exists a sub floor area which has a low head height and is un-utilised. A detached double garage is located within the front building line at street level. There are two trees in front of the existing dwelling house and one street tree. These trees are to be retained. 

 

Neighbouring to the west is a two storey brick dwelling house.  Towards the east is a two storey dwelling house along with a detached garage in front of the building line at the street level and to the north (rear) is a two storey dwelling house.  Across Lucretia Avenue, the dwelling houses are two storeys.   Site Plan and Notification Plan attached (AT1-AT2).


PROPOSAL:

 

The proposal is for alterations and additions to the existing dwelling house, including the demolition of the existing first floor which is contained within the roof space and the construction of a first floor addition.

 

The existing stair which provides access to the existing first floor is proposed to be retained to provide access to the proposed first floor.

 

The first floor would have 3 bedrooms with ensuites, a study and a living room with a balcony off the living room and one off the master bedroom.

 

PREVIOUS APPROVALS/HISTORY:

 

DA358/95 - Old Building Application.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (843m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5

0.5

Yes

Soft Landscaped Area            (min)

Existing / Unchanged

35%

NA

Side Boundary Setback (min)

2.7m

1.2m/1.5m

Yes

Overall Height (m)       (max)

9.9m

9.5m

NO

Ceiling Height (m)       (max)

7.9m

7.0m

NO

No of Storeys

2

2

Yes

Building Line    (max)

Existing/ Unchanged

7.5m

NA

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

NA

1m

NA

Deck/Balcony width    (max)

2.5m / 3.0m

3m (if elevated by >1m)

Yes

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Provided

Required

Yes

 

REFERRALS:

 

Manager Assets

 

The Manager Assets has considered the proposal and suggested conditions of consent.

 

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 (a2) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with development consent of Council.  The proposal is considered to meet the objectives of the zone.

 

Draft Lane Cove Local Environmental Plan 2007

 

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 of consideration, the proposal complies with the provisions of the code, with the exception of maximum ceiling height limit and overall height, and the proposal is considered to achieve the objectives for each provision.

 

Variations to Council’s Codes/Policies

 

1.         The proposal does not comply with the Code requirement for maximum ceiling height limit.  The Council requirement is 7m and the proposal exceeds this by up to 500mm.  The proposal is considered satisfactory with respect to the above on the following grounds:

 

·     The land falls steeply towards the rear resulting in the rear portion of the dwelling house exceeding the maximum height limit.

 

·     The proposal is for additions and alteration to the existing dwelling house. The ground floor already exists and is not proposed for demolition. The internal floor to ceiling height of the proposed first floor is a nominal 2700mm which is not considered excessive.

 

·     The breach in of the maximum ceiling height limit would not adversely impact over shadowing or views of the adjoining properties.

 

·     The overall height of the building complies with Council’s requirement.

 

2.         The proposal does not comply with the Code requirement for maximum overall height limit.  The Council requirement is 9.5m and the proposal exceeds this by up to 400mm.  This increase in height has emerged giving due regards to the information provided by the resident of 20 Dunois Street, which includes a survey dated 20 August 2008.

 

The proposal would comply with this the requirement the maximum ridge height as the same has been lowered by 400mm as a condition of consent.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

The Municipality of Lane Cove is identified as being within the Sydney Harbour Catchment of the SREP.  The subject site is also located within the Foreshores and Waterways Area as indicated on the Foreshores and Waterways Area map contained within this SREP, and as such, is subject to the DCP that complements the SREP.

 

Inter alia, the SREP aims to recognise, protect, enhance and maintain the catchment, foreshores and waterways and islands of Sydney Harbour and to achieve a high quality and ecologically sustainable urban environment.  Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development. Of the clauses 20-27 listed for consideration, the proposed works would not raise any significant issues.

 

Under the DCP the proposed works are Land Based Development and therefore subject to Section 5. The proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

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 original building is a 1920’s style Californian bungalow which was renovated and extended in 1997. The building proposed complements the existing structure and is in keeping with the area context.

 

The proposed front setback remains unchanged. The existing double garage in front of the existing building line is retained and therefore the residential streetscape would be retained.

 

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

 

Privacy

 

There exists a balcony on the first floor towards the rear. The proposal is for 2 balconies at the rear.  The proposed centrally located balcony on the first floor is generally in the same location as the existing balcony, it is however marginally larger. In relation to this proposed rear balcony, the existing ground floor gable roof would obscure overlooking to the rear adjoining property.

 

In the amended plans, to reduce overlooking, the applicant has reduced the width of the balcony from 3.6m to 2.5m. The second balcony, which is off the master bed room, is set back further from the rear boundary.

 

It is suggested that a privacy screen should be installed above the existing rear boundary fence, as a condition of consent, to ensure that a reasonable level of privacy is maintained between the adjoining properties.  This would be effective given the difference in ground levels and the angles of view.

 

Views

 

Three (3) objections to the development from neighbours have been received stating that the proposed development would have an impact on views.

 

The Dwelling House Code 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.

 

View impact is also covered in the Planning Principle arising from the Land and Environment Court case Tenacity Consulting –v- Warringah Council (2004) NSW L&EC 347. In this case, 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 from 15, 17, and 19 Lucretia Avenue, it is considered that:

 

1.         The views likely to be affected are ambient general openness towards the north from the ground floor of the dwelling houses and water views from the upper floors.

 

2.         The views being impacted are to the north from sitting and standing positions in the living rooms on the upper floors of the dwelling houses.

 

3.         The existing views are wide ranging views from the living rooms of the upper floor. The proposed development is on the opposite side of the street and at a considerable setback. The impact of view loss as compared to overall available view is not considered substantial.

 

4.         The impact on the view loss has been considerably reduced by the applicant in the amended proposal which has reduced the overall building height by 810mm and the roof pitch from 30 to 23 degrees.

 

In addition the overall ridge height has been reduced by 400mm as condition of consent. In view of the above it is considered that the proposal satisfies the requirements of Council’s Code and view sharing principles.

 

Overshadowing

 

The proposal presents an acceptable level of overshadowing and complies with Council’s requirement. The shadow diagrams indicate that the private open space & the windows serving habitable rooms in the adjoining dwelling houses would receive 3 hours of sunlight between 9am and 3pm.

 

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 notified in accordance with Council’s policy. 6 objections were received to the original proposal.  The amended plans were re-notified and 5 objections were received.  The issues raised in the submissions are discussed as under.

 

Submission from the resident of 20 Dunois Street:

 

 

·     Privacy and overlooking:

 

The proposed balcony on the first floor is generally in the same location as that of the existing balcony. The existing ground floor gable roof, which is to remain, obscures overlooking to the rear property. The second balcony, which is off the master bed room, is set back further from the rear boundary. In addition, a 600mm high privacy screen is conditioned to be installed above the existing rear boundary fence. This is considered to be effective given the differenc3e in height of the properties and the possible overlooking angle.

 

·     Height & Bulk

 

In the amended proposal, the roof pitch has been reduced so that the proposal now complies with the maximum height limit. The proposal also complies with the maximum permissible floor space requirements. Therefore it is considered that the bulk is not excessive.

 

·     Determination of natural ground line. The basement area- a third storey

 

The basement area or the sub floor does not have adequate internal head height, is vacant and is considered not suitable for habitable purposes.  A study of the levels and Council information of the contours of the area indicates that the applicant’s interpretation of the natural ground level is satisfactory. The basement area, over which the 1st floor addition is proposed, is not considered a storey. Therefore, the proposal is considered to be two storeys.

 

·     Stormwater management

 

The proposal has been assessed by Council’s stormwater engineer and a condition has been placed on the consent which requires that the existing storm water system has to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. Where an existing element does not comply with current standards the subject element has to be upgraded. (Condition 32).

 

Submission from the resident of 12 & 15 Lucretia Avenue:

 

·     Request for installation of height poles

 

In this proposal where the existing ground floor is to remain and the levels are already established, the installation of the height poles to assess the extent and location of the first floor addition has not been requested.

 

Submission from the resident of 19 Lucretia Avenue:

 

·     Loss of view

 

As indicated in report above, the proposal is satisfactory with respect to the principles of view sharing.

 

·     Loss of privacy

 

Concern has been raised with regards to overlooking from the front street facing windows of the proposed addition over a terrace of 19 Lucretia which faces the street. The terrace is visible from the street. There is substantial distance between the two properties which are across the road. The windows of the proposed first floor are bedroom, a small study and toilet windows and not considered rooms of high intensity use. Therefore the proposal is considered satisfactory with regards to privacy.

 

·     Request for height poles

 

The issue has already been dealt with in the report.

 

·     Determination of natural ground line

 

The issue has already been dealt with in the report.

 

 

Submission from the resident of 17 Lucretia Avenue:

 

·     Loss of view

 

As indicated in report above, the proposal is satisfactory with respect to the principles of view sharing.

 

·     Request for height poles

 

The issue has already been dealt with in the report.

 

·     Determination of natural ground line

 

The issue has already been dealt with in the report.

 

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 not contrary to 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 D39/08 for alterations and additions to the existing two storey dwelling house on lot 2 DP 303538 and known as 18 Lucretia Avenue, Longueville subject to the following conditions: -

 

1.         (20) That the development be strictly in accordance with drawing number D01/B, D02/B & D03/B dated 07/07/2008 by Michael F. Gaston and further amendments required by this approval.

 

2.         A 600mm high privacy screen shall be installed for the entire length of the northern (rear) boundary above the existing 1.8m fence independent of the fence.

 

3.         The pitch of the dwelling house shall be reduced so that the maximum ridge height does not exceed RL 22.395. Amended plans shall be submitted prior to issue of Construction Certificate.

 

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

 

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

 

6.         (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.

 

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

 

            The consent authority or a private accredited certifier must:-

 

 

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

 

8.         (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.

 

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

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

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

 

16.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.

 

17.       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)         All reinforcement prior to filling with concrete.

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

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Stormwater drainage lines prior to backfilling

f)          Completion.

 

18.       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;

 

19.       (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.

 

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

 

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

 

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

 

a          The establishment of the first floor level;

b          The roof framing; and

c          The completion of works.

d          Ridge height in accordance with Condition No.3

 

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.

 

23.       (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.

 

24.       (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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Location – Class 1b buildings

 

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

 

(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.

 

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

 

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

 

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

 

29.       (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.

 

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

 

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.

 

1)         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. 

 

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

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page