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Agenda

Planning and Building

Committee Meeting

1 December 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 December 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

 

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 December 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

ELECTION OF CHAIRPERSON

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING – 1 SEPTEMBER 2008

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 457

SUBJECT: 177 Greenwich Road, Greenwich

 

3.       Environmental Services Division Report No. 70

SUBJECT: Delegated Authority report for October 2008

  

 

 

 

               


Planning and Building Committee Meeting 1 December 2008

 

Environmental Services Division Report No. 457

 

 

 

 

 

Reference:    Environmental Services Division Report No. 457

Subject:          177 Greenwich Road, Greenwich    

Record No:    DA08/179-01 - 37863/08

Author(s):       Rajiv Shankar 

 

 

Property:                     177 Greenwich Road, Greenwich

 

DA No:                         D179/08

 

Date Lodged:              20 June 2008

 

Amended plans:          Received on 26 September and renotified.

 

Cost of Work:              $480 000

 

Owner             :                       L Robinson

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing dwelling house, new swimming pool and carport.

ZONE

Partly Residential 2(c)

Partly Open Space Reservation 9(a)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10a &10b

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours:                124, 1-16 / 171-175, 179 181, 179, Greenwich Rd.

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 & Building Committee by Councillor Palmer because of objections raised by the neighbours in relation to privacy.

 

EXECUTIVE SUMMERY:

 

o  The proposal is to carry out alterations and additions to the existing dwelling house which includes a two storey addition towards the rear. It is also proposed to construct a swimming pool towards the rear and a carport towards the front of the existing dwelling house.

o  Ten submissions were received after the original proposal was notified. The submissions from the residents of the adjoining residential flat building included concerns relating to reduced setback from the side boundary and impact upon views.

 

o  The submission from the owner of the adjoining dwelling house at 179, Greenwich Road, included concerns relating to reduced side setbacks, an originally proposed garage in front, overshadowing and loss of privacy.

 

o  The proposal was amended. The amendments included converting the proposed garage into an open carport, increasing the side boundary setbacks, reducing the extent of the extension towards the rear and reducing the height of the proposed extension. The amended proposal was renotified and three submissions were received.

 

o  The impact upon views has been assessed in accordance with the principles established by L&EC case Tenacity Consulting vs Warringah Council (2004). It is considered that the proposal satisfies the requirements of view sharing principles with regards to the adjoining properties.

 

o  To address the concerns relating to streetscape, design and amenity of the adjoining neighbour, the carport is suggested to be setback a minimum of 3.0m from the intersection of the front boundary and the southern side boundary. This would also address the concerns relating to the front boundary dispute, as the carport would be clear from the encroaching adjoining front boundary fence return.

 

o  To address the concern of the adjoining neighbour with regard to any possibility of encroachment of the proposed works, a draft condition has been included in the recommended  consent which would require all works to be carried out wholly within the subject property. The same would be verified by a registered surveyor prior to issue of occupation certificate.

 

o  As requested by the adjoining neighbour,  a draft condition of consent, the columns of the carport would be located so that they would not be directly in front of the windows of the adjoining property.

 

o  To reduce the visual impact of the height of the building and to comply with Council’s maximum overall height requirement, the proposed rear pergola is recommended for deletion as a condition of consent.

 

o  To address privacy concerns the width of the proposed rear deck on the basement floor plan would be restricted to 3.0m. In addition, a privacy screen would be required to be installed along the southern side of the deck.

 

o  To address privacy concerns, all the window panels of the south facing double height living room would have obscure glass.

 

o  The application is recommended for approval subject to the imposition of draft conditions which would effect the above concerns.

 

SITE:

 

The site is located on the western side of Greenwich Road. The site is irregular in shape with Lane Cove River towards the western side. The site falls steeply away from the street.

 

The site features a two storey brick and tile dwelling house with the two storey portion towards the rear and single storey portion towards the street. The dwelling house appears to be single storey when viewed from the street. There is one street tree and one small tree in the front building line. There is one tree towards the rear on the adjoining property. None of the trees are proposed to be removed. A substantial portion of the site towards the rear is open space reservation.

 

Neighbouring to the south is a two storey dwelling house with a pool towards the rear. It has a high brick front boundary fence which returns along the side boundary. The boundary fence return encroaches to some extent upon the subject property.

 

Neighbouring to the north is a three storey residential flat building.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal includes the following:

 

o  Additions and alterations to the existing two storey dwelling house.

o  Two storey addition towards the rear of the existing dwelling house.

o  A swimming pool towards the rear of the existing dwelling house with pool equipment below the proposed extension.

o  Open carport towards the front of the existing dwelling house.

 

PREVIOUS APPROVALS/HISTORY:

 

Nil

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (849.4m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.37

0.5

Yes

Soft Landscaped Area            (min)

48.6%

35%

Yes

Side Boundary Setback (min)

1500mm

1500mm

Yes

Overall Height (m)       (max)

Dwelling

Pergola

 

8.8m

11.5m

 

9.5m

9.5m

 

Yes

No

Ceiling Height (m)       (max)

8.4m

7.0m

No

No of Storeys

2

2

Yes

Building Line    (max)

Existing

7.5m

NA

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1m Max

1m

Yes

Deck/Balcony width    (max)

4.1m

3m (if elevated by >1m)

No

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Provided

Required

Yes

 

CARPORTS IN FRONT OF BUILDING LINE

 

 

PROPOSED

CODE

COMPLIES

Building Line    (min)

Nil

7.5m

No- but permitted as per clause 3.7.3 of the DCP

Proportion of Allotment Width

5.0m max

50% or 6m, whichever is the lesser

Yes

Setback of Posts (min)

1m

1m

Yes

 

 

SWIMMING POOLS

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

o  Adjoining dwelling towards the south.

o  Adjoining RFB towards the north.

 

 

18m

 

3m

 

 

3m

 

3m

 

 

Yes

 

Yes

Height (max)

3600mm max

1800mm

No

Setback if height is >1800mm (min)

From southern side boundary

o  From edge of water.

o  From concourse

 

From northern side boundary

o  From edge of water.

o  From concourse

 

 

 

 

3000mm

2600mm (approx)

 

 

1200mm

Nil

1:1 setback measured from concourse edge

 

 

3.6m

 

 

 

3.6m

 

 

 

 

No

 

 

 

No

Screening of facade where > 1.0m above ground level

Screening provided in the form of stepped planters towards the western side of the pool.

Screening required

Yes

 

REFERRALS:

 

Manager Assets

 

No objections expressed subject to conditions.

 

Manager Parks & Manager Bushland

 

No objection expressed subject to conditions.

 

Department of Water and Energy

 

Following comment was received:

 

“The proposed works are exempt from the need to obtain a Controlled Activity Approval under the Water Management Act 2000.”

 

79 (C) (1) (a) the provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned partly Residential 2(c) and partly Open Space Reservation 9(a) 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

 

The subject property is zoned part High Density Residential R4 and part Public Open Space RE1 under the draft LEP 2008. The rear of the site is also marked for ‘acquisition’ under the DLEP, as well as Environmental Protection.  Construction of a new single dwelling would be a prohibited under the draft LEP. However, additions and alteration to the existing dwelling house, as proposed, would still be permitted as the existing dwelling would have existing use rights.

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table, the proposal complies with the provisions of the code, with the exception of the following:

 

o  Overall height for pergola.

o  Maximum ceiling height limit.

o  Maximum width of deck if elevated by more than 1.0m.

o  Pool- Side setback from the southern boundary (towards adjoining single dwelling).

o  Pool- Side setback from the northern boundary (towards the residential flat building).

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the above provisions of the code, however it is considered satisfactory with respect to each of these on the following grounds:

 

o  Overall height for pergola.

 

The pergola exceeds the 9.5m height limit. It would not be possible for Council to ensure that the applicant would not cover the pergola at a later stage. In addition, the pergola, however less, would contribute to overshadowing of the adjoining property. Therefore the pergola is deleted as a recommended condition of consent as follows:

 

“The pergola, over the deck towards the rear, as indicated on the ground floor plan, is deleted and not approved in this consent.”

 

o  Maximum ceiling height limit.

 

The land towards the rear slopes unevenly and steeply towards the rear. Because of the existing topography of the land, a substantial portion of the existing dwelling house does not comply with the maximum ceiling height control.

 

A portion of the existing two storey dwelling house towards the rear is proposed to be demolished. The whole two storey extension has been stepped down in relation to floor levels of the existing dwelling house. The extent of the proposed extension is not considered unreasonable. The proposal is well below the maximum permissible floor space ratio.

 

o  Maximum width of deck if elevated by more than 1.0m.

 

The level of the proposed rear deck, on the basement floor plan, is 1.23m lower than the level of the pool concourse of the adjoining property towards the south. The usable area of the rear deck has been restricted to a maximum of 3.0m as a draft condition of consent as follows.

 

“The railing, along the western side of the rear deck on the basement floor plan, shall be setback to restrict the usable width of the deck to a maximum of 3.0m.”

 

In addition, a privacy screen is to be installed along the southern side of the deck as a draft condition of consent as follows:

 

“An 1800mm high privacy screen shall be installed along the southern edge of the rear deck on the basement floor plan.”

o  Pool- Side setback from the southern boundary (towards adjoining single dwelling).

 

The southern side setback has been increased to 3600mm by a condition of consent as indicated below:

 

“The pool shall have a setback of 3600mm between the southern boundary and edge of the concourse.”

 

o  Pool- Side setback from the northern boundary (towards the residential flat building).

 

The proposed pool side setback, measured from the edge of the water is 1200mm and nil from the edge of the concourse from the northern boundary. The pool concourse adjoins the undercroft of the adjoining residential flat building. It is considered that the level of the pool in relation to the adjoining residential flat building, it would not adversely impact upon the adjoining property with regard to privacy. The pool filter is located under the lower basement deck.  Therefore it is considered that the proximity the pool concourse to the side boundary would not impact upon the privacy of the adjoining residential flat building.

 

Other Planning Instruments

 

DCP1 & SEPP19

 

The subject property is located adjacent to bushland and therefore DCP1 and SEPP 19 are applicable. Due to the nature and the scale of the proposed works it is considered that the proposed works would not have an adverse impact upon flora and fauna of the area.

 

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

 

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

 

The SREP aims to recognise, protect, enhance and maintain the catchment, foreshores and waterways and islands of Sydney Harbour and to achieve a high quality and ecologically sustainable urban environment.  Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  Of the clauses 20-27 listed for consideration, the location and nature of 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.  Stepped planters along the western wall of the pool have been provided to reduce the visual impact of the pool as viewed form Lane Cove River. 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 streetscape and the residential amenity of the adjoining properties.

 

Privacy

 

The dwelling house has been designed to minimise overlooking of adjoining properties. All window panels of the south facing double height living room would have obscure glass as a condition of consent. An 1800mm high privacy screen would be installed along the southern edge of the rear deck on the basement floor plan to ensure that a reasonable level of privacy is maintained between the adjoining properties.

 

Views

 

Objections to the development from neighbours have been that the proposed development would have an impact on 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 proposed extension does not adversely impact upon water views of the

     adjoiningproperties.

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 reducing the extent of the extension towards the rear.

4.  The proposal substantially complies with relevant planning controls and is considered reasonable.

 

It is considered that the proposal reasonably satisfy the requirements of Councils Code and view sharing principles with regards to the adjoining properties.

 

Overshadowing

 

Clause 3.4 of the DCP requires that the proposal should:

 

“give reasonable sunlight to the habitable rooms and recreational area of the adjoining properties between 9.0am and 3.0m on 22nd June”

and

“portion of north facing window of the neighbouring dwellings receive at least 3 hours of sun between 9.00am to 3.00pm on 22nd June.”

 

Amended shadow diagrams, dated 23/9/08 indicate that there is substantial overshadowing by the residential flat building and the additional overshadowing to the rear pool area is not significant.

 

The elevational shadow diagrams indicate that there is no additional overshadowing of the north facing windows of the adjoining dwelling house by the proposed addition towards the rear. The carport does not overshadow the north facing windows for at least for three hours.

 

In this regards it is considered that the solar access would be retained in accordance with the requirements of the DCP.

 

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. 10 submissions were received after the first notification. Subsequently the proposal was modified and renotified and three submissions were received.

 

The issues raised in the submissions have been addressed as under:

 

Submissions After First Notification

 

1A.       Submission from the resident of Unit 14 /175 Greenwich Road:

 

Impact of Overshadowing on Bedroom Windows

 

Comment

 

The subject property is towards the south of Unit 14 /175 and does not overshadow the residential flat building at all. Furthermore, in the amended plans the extent of the rear extension has been reduced.

 


Impact Upon Views From Bedroom Windows and Side Balcony

 

Comment

 

Majority of the views are water views which are towards the rear (west) which are not being obstructed by the proposed additions. A portion of the view, across the side boundary, towards the south, which are not water views but views of bushland, would be impacted.

 

As per the principles established by L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347.

 

1.         The proposed extension does not impact upon 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 reducing the extent of the extension and deleting the pergola.

4.         The proposal substantially complies with relevant planning controls and is considered reasonable.

 

Therefore it is considered that the proposal is satisfactory with regards to view sharing principles.

 

Noise from the Pool Pump

 

Comment

 

The pool pump is located in the undercroft of the proposed extension.  The distance of the pool pump/equipment from the side boundary has not been indicated.  However,  Condition 24 states that:

 

“(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. “

 

It is considered significantly away from the residential flat building and would not pose a noise problem.

 

Proximity to the Side Boundary

 

Comment

 

In the amended plans the side boundary setback has been increased to 1500mm which meets Council’s Code requirements.

 

 2A.      Submission from the resident of 179 Greenwich Road:

 

In relation to the garage in front of the existing building line.

 

Comment

 

In the amended plans the garage has been converted into an open carport.

 


Solar Access

 

In the amended plans the side boundary setback has been increased to 1500mm. As the buildings are staggered the proposed extension does not overshadow the existing dwelling house. It is acknowledged that a portion of the rear pool area would receive additional overshadowing. However, in the amended plans the impact of overshadowing has been significantly reduced by reducing the extent of the addition lowering the roof over the rear deck and deleting the pergola.

 

As indicated in the report above it is considered that the solar access would be retained in accordance with the requirements of the DCP. (Refer section of “Overshadowing” in the report above)

 

Side Boundary Setback

 

In the amended plans the side boundary setback has been increased to 1500mm.

 

Privacy

 

The south facing glazed wall would have obscure glass as a condition of consent.

 

An 1800mm high privacy screen would be installed along the southern side of the rear deck on basement floor plan.

 

3A.       Submission from Strata Plan 9361 on behalf of 16 owners of the residential flat building.

 

Loss of Views

 

Comment

 

Majority of the views are water views which are towards the rear (west) which are not being obstructed by the proposed additions. A portion of the view, across the side boundary, towards the south, which are not water views but views of bushland, would be impacted.

 

As per the principles established by L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347.

 

1.   The proposed extension does not impact upon 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 reducing the extent of the extension and deleting the pergola.

4.   The proposal substantially complies with relevant planning controls and is considered reasonable.

 

Therefore it is considered that the proposal is satisfactory with regards to view sharing principles.

 

4A.       Submission from the resident of Unit 1 /175 Greenwich Road

 

Impact Upon Views

 

The issue has already been discussed above.

 


5A.       Submission from the resident of Unit 12 /175 Greenwich Road

 

Impact Upon Views

 

The issue has already been discussed above.

 

Height Standard

 

The amended proposal substantially complies with Council’s height requirement.

 

Setback Standard

 

The amended proposal complies with Council’s side setback requirement.


6A.       Submission from the resident of Unit 15 /175 Greenwich Road

 

Impact upon overshadowing

 

The issue has already been discussed above.

 

Impact Upon Views

 

The issue has already been discussed above.

Overlooking from the upper level rear balcony.

 

Comment

 

The upper floor balcony is off a bed room and is not considered to significantly impact upon the privacy of the adjoining properties. Furthermore, the width of the balcony is 2.5m which is less than the maximum permitted width in case privacy is an issue.

 

7A        Submission from Lane Cove Bushland & Conservation Society.

 

The pool wall would be visible from the water. Screening would be required.

 

Comment

 

In the amended plans stepped planters along the western wall of the pool have been provided to reduce the visual impact of the pool as viewed form Lane Cove River.

 

8A.       Submission from the resident of Unit 2 /175 Greenwich Road

 

Impact Upon Views

 

The issue has already been discussed above.

 

9A.       Submission from the resident of Unit 16 /175 Greenwich Road

 

Impact Upon Views

 

The issue has already been discussed above.

 


Retractable Blinds Would Impact Upon the Views Further

 

Comment

 

The Retractable blinds are restricted within the building volume. They do not project beyond the building. Therefore, the blinds would not impact upon views any further.

 

Reduced Northern Side Boundary Side Setback

 

The issue has already been discussed above.

 

10A.     Submission from the resident of Unit 9 /175 Greenwich Road

 

Same Issues as that by the Resident of Unit 16 /175 Greenwich Road Above

 

The issues have already been discussed above.

 

Submissions After Second Notification (amended plans):

 

1B.       Submission from the resident of Unit 15 /175 Greenwich Road

 

Impact Upon Views

 

The issue has already been discussed above.

 

Impact of Overshadowing

 

Comment

 

The subject property is towards the south of Unit 15 /175 and does not overshadow the residential flat building at all. Furthermore, in the amended plans the extent of the rear extension has been reduced.

 

Feeling of Bulk

 

The proposal complies with Council’s requirement for maximum permissible floor space ratio.

 

2B.       Submission from the resident of 179 Greenwich Road:

 

The proposed carport/ posts would encroach upon the existing boundary fence.

Comment: The carport has been reduced in size to clear the encroaching front boundary return fence as per the following condition.

 

“The proposed carport shall be setback a minimum of 3.0m from the intersection of the front boundary and the southern side boundary as indicated in red in the approved drawings.”

 

The Proposed Extension Is Not In Keeping With The Rest Of The Houses And Projects Out To The West

 

Comment

 

The proposal substantially complies with the Councils controls.

 


Solar Access and Overshadowing

 

Comment

 

In the amended plans the side boundary setback has been increased to 1500mm. as the buildings are staggered the proposed extension does not overshadow the existing dwelling house. It is acknowledged that a portion of the rear pool area would receive additional overshadowing. However, in the amended plans the impact of overshadowing has been significantly reduced by reducing the extent of the addition, lowering the roof over the rear deck and deleting the pergola.

 

Privacy

 

The south facing glazed wall would have obscure glass as a condition of consent.

 

An 1800mm high privacy screen would be installed along the southern side of the rear deck on basement floor plan.

 

Impact Upon Views

 

Comment

 

Majority of the views are water views which are towards the rear (west) which are not being obstructed by the proposed additions. A portion of the view, across the side boundary, towards the south, which are not water views but views of bushland, would be impacted.

 

As per the principles established by L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347.

 

1.  The proposed extension does not impact upon 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 reducing the extent of the extension and deleting the pergola.

4.   The proposal substantially complies with relevant planning controls and is considered reasonable.

 

Therefore it is considered that the proposal is satisfactory with regards to view sharing principles.

 

3B        Submission from Lane Cove Bushland & Conservation Society.

 

 

DCP1 Should Not Be Compromised

 

Comment

 

DCP 1 has been taken into consideration. The same has been discussed in the report above.

The pool wall would be visible from the water. Screening would be required.

 

Comment

 

In the amended plans stepped planters along the western wall of the pool have been provided to reduce the visual impact of the pool as viewed form Lane Cove River.

Planting within the planter boxes should be indigenous or native plants tying in with the adjoining landscaping.

 


Comment

 

The same is a condition of consent as follows:

 

“Planting, within the planter boxes on the western elevation, shall be indigenous or native plants.”

 

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

 

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

 

CONCLUSION

 

The 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 draft 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 D179/08 for alterations and additions to the existing dwelling house, new swimming pool and carport at 177 Greenwich Road, Greenwich subject to the following conditions: -

 

 

1.         (20) That the development be strictly in accordance with drawing number (job no. 26/07) 1/4  to 4/4 Amend: A dated 22 Sept 08 by Kerry McGrath including amendment indicated in red.

 

2.         The pergola, over the deck towards the rear, as indicated on the lower ground floor plan, is deleted and not approved in this consent.

 

3.         The width of the rear deck on the basement floor plan shall be reduced to a maximum of 3.0m. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

4.         An 1800mm high privacy screen shall be installed along the southern edge of the rear deck on the basement floor plan.

 

5.         All window panels of the south facing double height living room shall have obscure glass.

 

6.         Planting, within the planter boxes on the western elevation, shall be indigenous or native plants.

 

7.         The proposed carport shall be setback a minimum of 3.0m from the intersection of the front boundary and the southern side boundary as indicated in red in the approved drawings. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

 

 

 

8.         All works, including the proposed carport, shall be wholly within the subject property. This shall be verified by a registered surveyor prior to the issue of the Occupation Certificate.

 

9.         The columns of the carport close the southern boundary shall be so located that they are not directly in front of the windows of the adjoining dwelling house towards the south. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

10.       The pool shall have a setback of 3600mm between the southern boundary and edge of the concourse. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

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

 

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

 

13.       (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.

 

14.       (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.

 

15.       (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.

 

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

 

17.       (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.

 

18.       (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.

 

19.       (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.

 

20.       (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.

 

21.       (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.

 

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

 

23.       (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.

 

24.       (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.

 

25.       (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".

 

26.       (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".

 

27.       (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.

 

28.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Pool reinforcement prior to placement of concrete.

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

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

 

29.       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;

g).        pool structure

 

30.       (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.

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          carport boundary setbacks.

e          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.

 

32.       (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.

 

33.       (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.

 

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

 

35.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

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

 

38.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

 

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

 

 

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

 

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

 

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

 

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

 

44.       (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

45.       (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.

 

46.       (306)  All materials brought onto the site must be weed free.

 

47.       (307a)  Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

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

 

49.       The existing Murraya hedge behind the proposed pool arena must be retained. A 1.8 metre high fence of chain mesh shall be erected a radial distance of not less than 2.4 metres from the trunks of the hedge plants located behind the proposed pool arena. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

50.       The trunk of the Paperbark street tree closest to the existing driveway crossing must be protected during the construction period with a trunk guard. The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2m from the ground. The trunk guard shall not be fixed to the tree using nails or screws. The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

51.       Any exposed roots on the excavated trench line for the pool must be cut cleanly using a sharp saw and protected using appropriate methods as advised by an Arboriculturist.

 

52.       No access to the property is allowed via the adjoining easement, public open space or public bushland area.

 

53.       (332)  During construction / landscaping the adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into this area must be immediately cleaned up.

 

54.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

55.       (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

General Engineering Conditions

 

56.       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.

 

57.       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.

 

58.       Pedestrian Access Maintained. Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

            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

 

59.       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.

 

 

 

60.       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.

 

61.       Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage shall be determined by council.

 

62.       Replacement of Vehicular Crossing.  The vehicular crossing servicing the property shall be reconstructed prior to the issue of the occupation certificate. The Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate.

            These works shall be carried out by a licensed construction contractor at the applicant’s expense.

 

63.       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

 

64.       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. 

 

65.       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.

 

66.       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.

 

67.       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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Notification Plan

1 Page

 

 

 


Planning and Building Committee Meeting 1 December 2008

 

Environmental Services Division Report No. 70

 

 

 

 

 

Reference:    Environmental Services Division Report No. 70

Subject:          Delegated Authority report for October 2008    

Record No:    SU1863 - 42542/08

Author(s):       Michael Mason 

 

 

 

During the month of October 2008 a total of 35 Development Applications were determined under delegation by staff.  In addition 7 Construction Certificates and 19 Privately Certified Construction Certificates were issued.  There were 3 Privately Certified Complying Developments and 1 by Council.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for October 2008

5 Pages