Planning and Building
1 December 2008, 8:02PM
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
Planning and Building
1 December 2008, 8:02PM
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
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Minutes |
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PRESENT:
ALSO PRESENT: Executive Manager Environmental Services,
Manager Development & Assessment and Chief Executive Secretary.
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ELECTION
OF CHAIRPERSON FOR 2008/9 |
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Councillor
Smith was nominated as Chairperson by Councillors Longbottom and Smith and as
there was no other nominations Councillor Ann Smith was elected as
Chairperson. |
Environmental Services Division Reports
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SUBJECT: |
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DECISION UNDER DELEGATED AUTHORITY RESOLVED on the motion of
Councillors Longbottom and Smith 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. Deleted. 4. An 1800mm high privacy screen (measured from the finished floor
level of the rear basement deck) shall be installed along the southern
boundary opposite the rear basement deck.
The screen is to
be for the full length of the basement deck. 5. All window panels of the south facing the double height living
room shall have fixed 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. Deleted. 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. 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 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 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. |
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For the Motion were Councillors Longbottom, Brooks-Horn,
Smith, Forrest and Palmer(Total 5). Against the Motion was Nil (Total 0). |
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CONFIRMATION OF MINUTES OF Planning and Building Committee Meeting - 17
NOVEMBER 2008 |
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DECISION UNDER DELEGATED AUTHORITY RESOLVED on the motion of Councillors Longbottom and Smith
that the minutes of the Planning and Building Committee Meeting held on the
17 November 2008 be received.and adopted. |
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For the Motion were Councillors Longbottom, Brooks-Horn,
Smith, Forrest and Palmer(Total 5). Against
the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 8:41pm.
Confirmed at the Planning and Building Committee
Meeting of 15 December 2008, at which meeting
the signature herein is subscribed.
CHAIRPERSON
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MINUTES *********
MEETING FILE REF: Document4