Planning and Building
16 February 2009, 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,
Yours faithfully
Peter Brown
The Planning and Building Committee meeting is chaired
by Councillor Ann Smith. Councillors are entitled to one vote on a matter. If
votes are not unanimous the delegations of the Committee require that the
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TABLE OF CONTENTS |
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DECLARATIONS OF INTEREST
APOLOGIES
CONFIRMATION
OF MINUTES
1. PLANNING
AND BUILDING COMMITTEE MEETING - 1 DECEMBER 2008
Environmental Services Division Reports
2. Environmental Services Division Report
No. 3
SUBJECT:
3. Environmental Services Division Report No. 2
SUBJECT: Delegated Authority Report - January 2009
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Environmental
Services Division Report No. 3 |
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Reference: Environmental
Services Division Report No. 3
Subject:
Record No: DA08/249-01 - 341/09
Author(s): May Li
Property:
DA No: 249/2008
Date Lodged: 29
August 2008
Cost of Work: $950,000.00
Owner : G J
Author: May
Li
DESCRIPTION OF
PROPOSAL TO APPEAR ON DETERMINATION |
Demolition of the
existing two storey dwelling house and garage and construction of a two
storey dwelling house with a double garage and retaining walls |
ZONE |
2(a2) - Residential |
IS THE PROPOSAL
PERMISSIBLE WITHIN THE ZONE? |
Yes |
IS THE PROPERTY A
HERITAGE ITEM? |
No. However
it is located in a close proximity of a heritage item at |
IS THE PROPERTY
WITHIN A CONSERVATION AREA? |
Yes |
DOES DCP 1-
BUSHLAND APPLY TO THE PROPERTY? |
No |
BCA CLASSIFICATION |
Class 1a, 10a & 10b |
STOP THE CLOCK USED |
Yes – 78 days |
NOTIFICATION |
Neighbours: 2 Church Street, 5, 7, 9 & 11 Robert Street, 1,
3, 5, & 7 St Lawrence Street, Greenwich Ward Councillors: D’Amico, Tudge, & Lawson Progress
Association: Greenwich Community Association Inc & Lane Cove
Historical Society |
REASON FOR REFERRAL:
The development
application has been called to the Planning and Building Committee by
Councillor Palmer due to concerns relating to loss of water view impacts raised
by adjoining neighbours.
EXECUTIVE SUMMARY:
The proposal involves
demolition of an existing dwelling house and construction of a two storey
dwelling house with an attached double garage.
The maximum ridge line of the proposed building is 2.33m higher than the
existing dwelling house and would result in a loss of views to two adjoining
properties at
Three factors have
caused the proposed two storey dwelling house higher than the existing two
storey dwelling house:
· The
finished floor level on the ground level of the new building is raised by 0.6m
to 0.9m from the existing building.
· The new
building has a 3m ceiling height on the ground level and
· The
maximum ceiling height of the living area on the first floor is 3.91m.
5 nearby neighbours
lodged objections to the original proposal and the major objection relates to
the building height which would result in a loss of views to adjoining
properties if approved.
The applicant lodged
amended plans to lower the height of the rear roof but has maintained the
original roof ridgeline over the living area on the first floor. The amended plans have reduced the view loss
impact to
The proposed building
exceeds the maximum permitted ceiling height requirement of the Code for
Dwelling Houses by 1.3m. Given the
Building Code of Australia allows a minimum 2.4m ceiling height for a habitable
room, and many proposals before Council have a ceiling height of 2.7m, the
ceiling heights on both ground and first floors of the proposed building are
considered excessive. It is considered
that it is reasonable to require the applicant to reduce the ceiling height of
the proposed building to comply with Council’s ceiling height control and
minimise view loss impacts to adjoining neighbours.
In addition to the
non compliance with the internal ceiling height requirement, the proposal does
not comply with a number of requirements of the Dwelling House Code, including
boundary setbacks, landscaped area, balcony width, front building line and site
excavation. The proposal is also contrary
to the Council Policy in relation to trafficable roof terraces to garages.
On balance, if the
height issue is able to be remedied and the views to adjoining properties
maintained, Council may wish to give consideration to the other variations
sought by the applicant. The development application is recommended for a
deferred commencement approval subject to conditions requiring the maximum
ridge line of the proposed building be reduced by 1.3m to RL30.21m. The Executive Manager of Environmental
Services recommended that the RL be reduced to RL29.49.
SITE:
The subject site is
located at the eastern side of
PROPOSAL:
The
proposal is detailed as the follows:
· Demolition of the
existing two storey dwelling house and a detached garage
· Construction of a two
storey dwelling house with a double garage
· Excavation of the rear of
the property for a court yard
· Erection of retaining
walls and landscaping
Original
Plans (AT3) and Amended Plans (AT4)
attached.
PREVIOUS
APPROVALS/HISTORY:
There is no previous relevant development application
history.
PROPOSAL
DATA/POLICY COMPLIANCE:
Site Area (433.3m2)
|
PROPOSED |
CODE |
COMPLIES |
Floor Space Ratio (max) |
0.58:1 |
0.61:1 |
Yes |
Soft Landscaped Area (min) |
25% |
35% |
No |
Side Boundary Setback (min) |
1.2m |
1.5m |
No |
Overall Height (m) (max) |
8.7m |
9.5m |
Yes |
Ceiling Height (m) (max) |
8.3m |
7.0m |
No |
No of Storeys |
2 |
2 |
Yes |
Building Line (max) |
5.3m |
7.5m |
No |
|
The setback of the proposed
building is similar with the existing
structures |
The existing structures have
been located forward to the foreshore building line |
No, however, the building line
is considered acceptable |
Cut and Fill (max) |
4.54m |
1m |
No |
Deck/Balcony width (max) |
4m |
3m (if elevated by >1m) |
No |
Solar Access (min) |
More than 3 hours |
3 hours to north elevation |
Yes |
REFERRALS:
Manager Urban Design and Assets
Council’s
development engineer has provided the following advice:
OSD is not considered
necessary as the property lies within the OSD exemption zone.
The site slopes to the
street.
There is a
substantial amount of excavation proposed so a geotechnical monitoring program
will be required.
There
are no engineering impediments to approval subject to appropriate conditions.
Manager Open Space
The
proposal involves removal of trees from the site for the proposed dwelling
house. Council’s Tree Assessment Officer
has provided the following advice:
The proposed Landscape Plan show removal of two semi-mature trees
consisting of one Jacaranda tree and one Angophora costata located at the front
of the allotment, and the retention of one mature Pittosporum undulatum located
adjacent to the northeast corner boundary. I support the removal of the two
abovementioned trees given their less than favourable growing environment and
the two trees are not considered worthy of retention.
DCP 1 and SEPP 19
The subject property is adjacent to bushland therefore DCP 1 and SEPP 19
is applicable.
In view of the nature and scale of the proposed works on the north side
of the site; being within the footprint of the existing paved area, there shall
not be an adverse impact to flora and fauna in the area.
This property is located within the foreshore and waterways area
boundary hence the DCP does apply.
The proposed dwelling house is somewhat larger than the existing
dwelling house and would occupy a larger area of the allotment. The position of
the dwelling house adapts well to the topography of the site and is tucked in
close to the ridge line therefore would not have a significant detrimental
impact on the landscape or from the waterways including Onions Point and Gore
Creek.
Tree Protection
Two trees would need tree protection measures in place to avoid
mechanical damage to the trees. The Pittosporum located in the northeast corner
must be protected with a tree protection zone of not less than 3m radial
distance from the trunk of the tree containerising the tree in the corner of
the allotment.
The
Tree protection zones are required to be constructed from 1.8m high
chain mesh wire temporary fencing and shall be in place prior to issue of the
Construction Certificate including site preparation and demolition.
Landscaping
The landscape plans submitted with the proposal are to the satisfaction
of Council and must be adopted as part of this consent.
Other (Heritage,
Traffic, Waterways, Rural Fire Service)
Heritage
Council’s
heritage adviser raised no objections to the demolition of the existing
dwelling house and construction of a dwelling house in a modern design at the
site. Refer to the Heritage Advisors
Report attached (AT5).
Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))
The aims and
objectives of the LEP require developments to maintain and where appropriate
improve the existing amenity and environmental character of the residential
zone. It also requires that new
residential development be compatible with the existing environmental character
of the locality and have a sympathetic and harmonious relationship with
adjoining development.
The proposed
development would create a loss of view impact to adjoining developments and
the current plans are considered inconsistent with the aims and objectives of
the LEP.
Other Planning Instruments
Lane Cove Code for
Dwelling Houses, Fences, Private Swimming Pools and Outbuildings (the Code)
The aims and
objectives of the Code include providing appropriate controls which achieve a
high standard of residential amenity on matters such as privacy, views, solar
access, parking and open space/landscaping.
The proposed
development would cause of a loss of view to adjoining neighbours and does not
comply with the aims and objectives of the Code.
Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b),
and (1)(c))
Lane
Cove Code for Dwelling Housed, Fences, Private Swimming Pools and Outbuildings
As outlined in the
compliance table, the proposed development does not comply with the following
requirements of the Code:
2. Site and Landscaping Analysis
When any development is proposed to be built amongst existing dwellings,
the design must take into account factors extending beyond the site including
the location, height and use of neighbouring sites; potential constraints
relating to overshadowing, overlooking, view and street character.
Officer’s
Comment
The
adjoining neighbours at
3. Design, Density and Streetscape
Objectives:
a. Dwellings be design with regard to site
conditions so as to minimise their impact on the landform.
b. Dwellings blend into the
natural landscape.
c. Dwelling designs have
regard to the amenity of adjoining properties
Standards:
1. A minimum of cut and
fill on-site, limited to no more than 1m cut or 1m fill at any point on the
site.
2. The preservation of
existing trees
Officer’s
Comment
The proposal does not comply with this clause. It involves a 4.5m deep excavation for
construction of a 4m wide paved court yard at the rear of the property. The construction of the garage also requires
a 2.5m deep excavation. Council’s
development engineer has advised that as there is a substantial amount of excavation proposed, a geotechnical
monitoring program would be required.
3.3 Height
Objectives:
b. Minimise disruption to existing views
or to achieve reasonable view sharing from adjacent developments with the
height and bulk of the development.
Standards:
1. No dwelling is to
exceed a height of:
i. 7.0m to any point on
the uppermost ceiling;
ii. 9.5m to the highest
point of the roof.
Officer’s
Comment
The
building complies with the overall 9.5m height limit.
The
maximum ceiling height of the proposed building is 8.3m and the proposal does
not comply with the 7m requirement of the Code.
It is noted that the maximum ceiling height of the living area on the
first floor is 3.91m and the ceiling height on the ground floor is 3m. The ceiling height of the proposed building
is considered excessive and results in a view loss impact to adjoining
sites.
The
proposal also seeks to raise the finished floor level of the ground floor by
between 0.6m to 0.9m from the existing building platform.
The
maximum ridge line of the proposed building would be 2.02m higher than the roof
of the existing building and would cause a significant disruption to the
existing views of two adjoining properties at
It
is considered that the non-compliance to ceiling height requirements of the
Code and the loss of view impact to adjoining neighbours are capable of
resolution by an amended design with the combination of the following
options:
· Lowering the finished
level of the ground floor.
· Lowering the ceiling
height of the ground floor level.
· Lowering the ceiling
height of the living are on the first floor level.
3.6 Privacy and Overlooking
Elevated decks, terraces, or balconies greater than 1m
above natural ground level are not to exceed a width of 3.0m of usable
area. This clause does not apply where
privacy is not an issue
Officer’s
Comment
The
width of the proposed balcony on the first floor is 4m. The finished level of
the balcony is only 0.27m lower than the outdoor entertainment area of the
adjoining property at
It is suggested that the width
of the proposed balcony be reduced to 3m.
3.7 Building
Line
The building line for the site is 7.5m from the front
boundary line. A variation may be
considered where unusual site constraints exist, or if there is an established
building line of less than 7.5m and the proposal will have minimal impact on
the streetscape.
Officer’s
Comment
The
site has topographical constraints and is of an irregular shape. The proposed building line is 5.3m with the
garage encroaching by a further 1m. The
variation is considered acceptable for the following reasons:
· The building line of the
existing building is 2.2m from the front boundary.
· The existing front
balcony is 1m from the front boundary.
· The existing garage is 1m
from the front boundary.
· The site is located on
the southern site of the
· The existing building
does not comply with the building line requirement and the proposed development
would improve the compliance with the Code.
· Raised garden bed has
been proposed on the roof of the garage to prevent the use of the roof terrace
for a private entertainment area.
3.8 Setbacks to Side Boundaries
A minimum setback of 1200mm from the side boundary for
a single storey dwelling and a minimum setback of 1500mm fro a two storey
dwelling.
Officer’s
Comment
The
proposed garage is 900mm from the southern boundary and the minimum setback of
the proposed two storey building is 1200mm to the eastern boundary, in lieu of
1500mm.
The
variations are considered acceptable because the setback of the existing
building is only 700mm to the eastern boundary and the setback of the proposed
building to the eastern boundary varies from 1.2m to 2.6m.
Most
of the proposed garage is set below the existing ground level of the site and
is well below the natural ground level of the adjoining property at
3.9 Landscaping
At least 35% of the site be natural/soft landscaped
area.
Officer’s
Comment
The
proposed landscaped areas on the roof of the garage and over the proposed rain
water tanks do not meet definition of the natural/soft landscaped area of the
Code and as a result the landscaping provided is 25%. The landscaping over the garage however is
accessible from the ground floor studio and is at a similar level to the rear
courtyard. The area is proposed to be
turfed and planted and as such the inclusion of the area will result in
compliance with the 35% requirement.
The
existing development does not meet the 35% landscape requirement.
3.10 Trafficable Roof of Garage
As
indicated above, the applicant is seeking to use the roof of the garage to
comply with Council’s landscape requirement.
The Dwelling House Code, also states that the roof of the garage is not
to be trafficable. The roof terrace
proposed is directly accessed off the ground floor studio. The area is indicated as a “raised garden
bed”.
Officer’s
Comment
Variation
to this requirement is supported on the basis that the garage is substantially
excavated into the site and the area has a minimum impact on the adjoining
site. Given the topographic nature of
the site, there are limited opportunities to provide usable outdoor space.
RESPONSE TO NOTIFICATION (Section 79C(1)(d))
The
original proposal was notified and 5 submissions were received. The amended
plans were renotified and 3 submissions were received. The issues raised in the submissions can be
summarised as follows.
Height
· The skillion roof line,
highlight windows above the first floor on the south west elevation and the
raising of the existing ground floor have contributed to the building being
higher than at present.
· Whilst the owners have
argued that the proposed floor level height increase is unavoidable because of
plumbing issues with the site. One of
the neighbours who has run a successful plumbing business for 40 years indicated
that there were no plumbing justifications for raising the natural ground
level.
· Concern for the need for
highlight windows. The whole front
(north) face of the building is glass as is half of the westerly wall. This will be an incredibly light filled space
and the excess of fenestration on the western elevation would be contrary to
BASIX and ESD principles.
Officer’s
Comment
The
owners of the subject site stated that the proposed ground floor level is being
raised to avoid the plumbing problems of the existing dwelling house and also
improve the view from the proposed ground floor level.
The
applicant has not submitted any engineering reports to support their arguments,
and whilst the desire to maximise views can be appreciated, the neighbouring
properties will experience a loss of views.
Reduction
of View from Neighbouring Properties
Currently
the owners of
The
owner of
Officer’s
Comment
The
proposed development would create a significant adverse impact to the existing
water views from
The Land and Environment Court
Planning Principle in relation to view sharing (Tenacity) has been taken into
consideration during the development assessment:
The first step is the assessment of
views to be affected. Water views are valued more highly than land views.
Iconic views (eg of the Opera House, the
Officer’s Comment
There is a water view from the outdoor entertainment
area of
The second step is to consider from what part of the property the views are
obtained. For example the protection of views across side boundaries is more
difficult than the protection of views from front and rear boundaries. In
addition, whether the view is enjoyed from a standing or sitting position may
also be relevant. Sitting views are more difficult to protect than standing
views. The expectation to retain side views and sitting views is often
unrealistic.
Officer’s
Comment
The water view of the adjoining property is obtained
across the side boundary over the skillion roof of the existing two storey
dwelling house on the subject site. The
submission may not meet the second step criterion for both properties. However, it is considered that it is
realistic to request the applicant to lower that height of part of the proposed
building to reduce the loss view impact because the proposal involves
demolition of a two storey dwelling house and construction of a two storey
dwelling house.
The third step is to assess the
extent of the impact. This should be done for the whole of the property, not
just for the view that is affected. The impact on views from living areas is
more significant than from bedrooms or service areas (though views from
kitchens are highly valued because people spend so much time in them). The
impact may be assessed quantitatively, but in many cases this can be
meaningless. For example, it is unhelpful to say that the view loss is 20% if it
includes one of the sails of the Opera House. It is usually more useful to
assess the view loss qualitatively as negligible, minor, moderate, severe or
devastating.
Officer’s
Comment
The water view
of the adjoining properties is obtained from the outdoor entertainment areas
and living rooms. The submissions meet
the third step criterion.
The fourth step is to assess the
reasonableness of the proposal that is causing the impact. A development that
complies with all planning controls would be considered more reasonable than
one that breaches them. Where an impact on views arises as a result of
non-compliance with one or more planning controls, even a moderate impact may
be considered unreasonable. With a complying proposal, the question should be
asked whether a more skilful design could provide the applicant with the same
development potential and amenity and reduce the impact on the views of
neighbours. If the answer to that question is no, then the view impact of a
complying development would probably be considered acceptable and the view
sharing reasonable.
Officer’s Comment
The design of the
proposed development does not comply with the ceiling requirements of the Code
and the loss view impact to the neighbours would be significantly reduced if
the ceiling height of the proposed living room being lower by 1.3m. The submissions meet the fourth step
criterion.
Heat and Glare from the Raised Metal Roof
The
proposal is for a large metal sheeting roof sloping towards to two adjoining
neighbours. The size and angle of this
structure will cause substantial heat and glare reflection in the area where
they enjoy family lunches, entertain and relax, and the glare could make
looking towards the water difficult.
Officer’s
Comment
A
standard condition requiring anti-glare finish roof material would be imposed
in the event that the application was approved.
Noise and Privacy Impact from 4m Wide Balcony
The
4m wide first floor balcony is directly under 2 bedrooms of
Officer’s
Comment
This
matter has been discussed in the previous section of the report. It is suggested that the maximum width of the
balcony should not exceed 3m to minimise the impact to the adjoining neighbour
and increase the setback from the boundary.
Excavation of the Natural Rock Wall Beside the
Adjoining Swimming Pools
The
excavation poses two problems:
· The permanent removal of
significant amount of naturally occurring rock wall which is part of the
topography of Greenwich Point.
· The area in which this
excavation is to occur sits adjacent to the in-ground swimming pool of
Officer’s
Comment
The
excavation is proposed at the rear of the site and whilst it is desirable to
retain natural rock formations, the location of this rock is at the rear of the
building and would be obscured from general view by the proposed building. The site is relatively small and of an
awkward shape and topography. Structural
concerns are able to be addressed by conditions of the development consent.
Setback
Side
setbacks for a two storey dwelling should be 1.5m from the boundary based on
Council’s control. The proposal does not
comply with the setback requirement.
Officer’s
Comment
This
issue has been discussed in the previous section of the report.
The Bulk of the Proposed Building
The
bulk of the proposed building is too great for such a small laneway.
Officer’s
Comment
The
proposed development complies with the FSR control and proposed building is
located at the low side of
The
Height of the Proposed Building
In
order to ensure that the true impact on the existing views of the adjoining
neighbours, neighbours request the applicant to erect height poles certified by
a registered surveyor.
Officer’s
Comment
The
applicant has erected height poles to indicate the height of the proposed
building. However, at the time of
writing this report the poles had not been certified.
Construction Management Plan
Officer’s
Comment
proposal
is approved.
EXECUTIVE MANAGER’S
COMMENT:
The
proposal involves demolition of all existing buildings on the site for the
construction of a 2 storey dwelling house.
This has provided an opportunity for the applicant to sympathetically
address the site constraints and to design a dwelling house complying with
Council’s objectives and planning controls.
However, the proposed development fails to comply with several of
requirements of Council’s controls:
· Excavation
· Ceiling height
· Balcony
· Building line
· Trafficable garage roof
· Side setbacks
· Landscaping and
· View
The
non-compliances with the requirements of the Code result in a significant loss
of views to adjoining neighbours and the
proposal does not comply with the principle of view sharing of Land and
Environment Court.
On
balance, I am of the view that the building should be retained at its existing
height (RL 29.49) and building platform. This is a greater reduction than that
sought by the reporting officer (a further 720mm) but would have the advantage
of preserving existing views to neighbouring properties. This is particularly considered reasonable
given the numerous variations sought by the applicant to other standards (with
the exception of the balcony width)
CONCLUSION
The
matters in relation to Section 79C considerations of Environmental Planning and
Assessment Act 1979 have been satisfied.
While the building may comply with the maximum building height
requirement, it does not comply with the ceiling height requirement of the
Code. The highlight windows over the
living room would result in the building intruding into the existing water
views of two adjoining neighbours. Given
the location of the site, the highlight windows contribute little positive
impact to streetscape and create an adverse impact to the amenities of
adjoining neighbours; it is therefore considered that the building should be
reduced in height to reduce the impact on neighbours.
Part A THAT pursuant to Section 80(3) of the Environmental Planning and
Assessment Act 1979, as amended the Council grants a deferred commencement
consent to Development Application 08/249 for the demolition of the existing
dwelling house and garage and the erection of a dwelling house with a double
garage on Lot 2 DP 84165, known as 4
Church Street, Greenwich subject to the following: 1. Amended plans being submitted showing the following: · The maximum ridge height
of the proposed building shall not exceed RL29.49m. · The finished floor level
on the ground floor of the proposed building shall not exceed RL23.4m. · The Proposed Elevations
must show the proposed excavation and the proposed rear court yard. · The width of the first
floor balcony shall not exceed 3m. Documentary evidence as requested or the above information must be
submitted to Council within 12 months of this deferred commencement
consent. Commencement of the approval
can not commence until written approval of the submitted information has been
given by Council. Part B Subject to A above being satisfied, development consent be issued,
subject to the following conditions: 1. (20) That the
development be strictly in accordance with approved drawings (final drawing numbers to be included once
part A has been satisfied) except as amended by the following conditions. 2. (1) The submission of a
Construction Certificate and its issue by Council or Private Certifier PRIOR
TO CONSTRUCTION WORK commencing. 3. (2) All building works
are required to be carried out in accordance with the provisions of the
Building Code of Australia. 4. (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. 5. (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. 6. (17) An Occupation Certificate being obtained
from the Principal Certifying Authority before the occupation of the
building. 7. (34) Fences adjoining
the access strip not exceeding 900 mm in height between the existing
dwelling-house (building line) and the street frontage. 8. (35) All demolition,
building construction work, including earthworks, deliveries of building
materials to and from the site to be restricted to the following hours:- Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am
to 4.00pm No work to be carried out on Sundays or any public
holidays. 9. (36) Stockpiles of
topsoil, sand, aggregate, spoil or other material capable of being moved by
water to be stored clear of any drainage line, easement, natural watercourse,
footpath, kerb or roadside. 10. (37) The development
shall be conducted in such a manner so as not to interfere with the amenity
of the neighbourhood in respect of noise, vibration, smell, dust, waste
water, waste products or otherwise. 11. (39) The building not to
be used for separate occupation or commercial purposes. 12. (48) Depositing or
storage of builder's materials on the footpath or roadways within the
Municipality without first obtaining approval of Council is PROHIBITED. Separate approval must be obtained from Council's
Works and Urban Services Department PRIOR TO THE PLACEMENT of any building
waste container ("Skip") in a public place. 13. (49) Prior to the
commencement of any construction work associated with the development, the
Applicant shall erect a sign(s) at the construction site and in a prominent
position at the site boundary where the sign can be viewed from the nearest
public place. The sign(s) shall
indicate: a) the
name, address and telephone number of the Principal Certifying Authority; b) the
name of the person in charge of the construction site and telephone number at
which that person may be contacted outside working hours; and c) a
statement that unauthorised entry to the construction site is prohibited. The signs shall be maintained for the duration
of construction works. 14. (50) The cleaning out of
ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is
PROHIBITED. 15. Standard Condition (56)
Where Lane Cove Council is appointed as the Principal Certifying Authority,
it will be necessary to book an inspection for each of the following stages
during the construction process. Forty
eight (48) hours notice must be given prior to the inspection being
required:- a) The pier holes/pads
before filling with concrete. b) All reinforcement
prior to filling with concrete. c) The
dampcourse level, ant capping, anchorage and floor framing before the floor
material is laid. d) Framework
including roof and floor members when completed and prior to covering. e) Installation of steel
beams and columns prior to covering f) Waterproofing of wet
areas g) Stormwater drainage
lines prior to backfilling h) Completion. 16. Standard Condition (57)
Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION
CERTIFICATE for the following:- a) underpinning; b) retaining
walls; c) footings; d) reinforced
concrete work; e) structural
steelwork; f) upper
level floor framing; 17. (60) A temporary
connection to be made to the sewers of Sydney Water (where available) with an
approved toilet structure and toilet fixtures being provided on the site
BEFORE WORK IS COMMENCED. Where the
Sydney Water sewer is not available a "Chemical Closet" type toilet
shall be permitted. 18. (63) All metal deck roofs
being of a ribbed metal profile or colourbond corrugated galvanised or
zincalume iron, in a mid to dark range colour and having an approved
anti-glare finish. 19. Standard Condition (64) A
check survey certificate is to be submitted at the completion of:- a Dampcourse level; b The establishment of
the first floor level; c The roof framing; and d The completion of
works. Note: All
levels are to relate to the reduced levels as noted on the approved
architectural plans and should be cross-referenced to Australian Height
Datum. 20. (66) The removal,
handling and disposal of asbestos from building sites being carried out in
accordance with the requirements of the Construction Safety Act and the
Regulations details of the method of removal to be submitted PRIOR TO
COMMENCING ANY DEMOLITION WORKS. 21. (67) (a) The use of mechanical rock pick
machines on building sites is prohibited due to the potential for damage to
adjoining properties. (b) Notwithstanding the prohibition under
condition (a), consideration will be given to the use of rock pick machines
and may be approved by Council subject to:- (1) A Geotechnical Engineer's Report that
indicates that the rock pick machine can be used without causing damage to
the adjoining properties. (2) The report details the procedure to be
followed in the use of the rock pick machine and all precautions to be taken
to ensure damage does not occur to adjoining properties. (3) With the permission of the adjoining
owners and occupiers comprehensive internal and external photographs are to
be taken of the adjoining premises for evidence of any cracking and the
general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is
refused they be advised of their possible diminished ability to seek damages (if
any) from the developers and where such permission is still refused Council
may exercise its discretion to grant approval. (4) The Geotechnical Engineer supervises
the work and the work has been carried out in terms of the procedure laid
down. COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION
MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. 22. (72) The proposed works
must be confined within the boundaries of the site. 23. (73) The site being
cleared of all debris and left in a clean and tidy condition at the completion
of all works. 24. (76) All machinery used
on the site during demolition shall have a noise emission no greater than
75dB(A) when measured at a radius of 7.0 metres from the specified item. 25. (77) All spillage
deposited on the footpaths or roadways to be removed at the completion of
each days work. 26. (78) The site being
properly fenced to prevent access of unauthorised persons outside of working
hours. 27. (79) Compliance with
Australian Standard 2601 - The Demolition of Structures. 28. (130) Compliance with the Waste Management Plan
submitted with the development application . 29. (132) It should be understood that this consent
in no way relieves the owners or applicant from any obligation to obtain any
other approval which may be required under any covenant affecting the land or
otherwise nor relieve a person from the legal civil consequences of not
complying with any such covenant. 30. (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. 31. (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. 32. (142) BASIX - Compliance with
all the conditions of the BASIX Certificate lodged with Council as part of
this application. 33. Construction
and Site Management Plan Prior to the issue of a Construction
Certificate the applicant shall submit to the accredited certifier a
construction and site management plan that clearly sets out the following: (a) what
actions and works are proposed to ensure safe access to and from the site and
what protection will be provided to the road and footpath area from building
activities, crossings by heavy equipment, plant and materials delivery, or
static loads from cranes, concrete pumps and the like, (b) the
proposed method of loading and unloading excavation machines, building
materials, formwork and the erection of any part of the structure within the
site, (c) the
proposed areas within the site to be used for the storage of excavated
material, construction materials and waste and recycling containers during
the construction period, (d) how
it is proposed to ensure that soil/excavated material is not transported on
wheels or tracks of vehicles or plant and deposited on surrounding roadways, (e) the
proposed method of support to any excavation adjacent to adjoining
properties, or the road reserve. The
proposed method of support is to be designed by a chartered Civil Engineer or
an accredited certifier. Where it is
proposed to: w pump concrete from within a public road reserve or laneway, or w stand a mobile crane within the public road reserve or laneway, or w use part of Council’s road/footpath area, w pump stormwater from the site to Council’s stormwater drains, or w store waste and recycling containers, skip, bins, and/or building
materials on part of Council’s footpath or roadway, An Activity
Application for a construction zone, a pumping permit, an approval to stand a
mobile crane or an application to pump water into a public road, together
with the necessary fee shall be submitted to Council and approval obtained
before a Construction Certificate is issued. Note: A separate application to Council must be made for the enclosure
of a public place (hoarding). 34. Support for neighbouring buildings and notice to adjoining
owners (1) If an excavation
associated with the erection or demolition of a building extends below the
level of the base of the footings of a building on an adjoining allotment of
land, the person causing the excavation to be made: (a) must preserve and
protect the building from damage, and (b) if necessary, must
underpin and support the building in an approved manner, and (c) must at least 7 days before
excavating below the level of the base of the footings of a building on an
adjoining allotment of land, give notice of intention to do so to the owner
of the adjoining allotment of land and furnish particulars of the excavation
to the owner of the building being erected or demolished. (2) The owner of the
adjoining allotment of land is not liable for any part of the cost of work
carried out for the purposes of this clause, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land. Notes: (i) Details of underpinning works, prepared and certified by a
practicing structural engineer shall be submitted to and approved by the
Principal Certifying Authority prior to the commencement of any works. (ii) allotment of land includes a public
road and any other public place. Landscaping conditions: 35. (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. 36. (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. 37. (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. 38. (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. 40. (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 41. (306) All materials
brought onto the site must be weed free. 42. (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. 43. (308) Rubbish must be stored in a sealed locked
container / cage. Any building rubbish
that is not contained must be cleaned up immediately, including the immediate
worksite, surrounding area and/or public open space. 44. (317) A 1.8 m high
fence of chain mesh shall be erected a radial distance of not less than 1.2m
from the trunk of the Eucalypt tree standing on the opposite side of Church
Street in front of the site. 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. A
waterproof sign must be placed on each tree protection zone stating ‘NO
ENTRY All tree
protection zones and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including
demolition or site preparation and remain in place for the duration of the
construction work. 45. (new) A 1.8 m high fence
of chain mesh shall be erected a radial distance of not less than 3m from the
trunk of the Pittosporum undulatum standing in the northeast corner of the
site. 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. 46. (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. 47. (335) All outside lighting must be appropriately
baffled to minimise light pollution into the bushland area and neighbouring
properties. 48. (new) The landscape
plans compiled by Philipp Iseneggger (24/08/2008), submitted with the
proposal are to the satisfaction of Council and must be adopted as part of
this consent. 49. (383)
The Applicant must ensure that all landscaping is completed to a
professional standard, free of any hazards or unnecessary maintenance
problems and that all plants are consistent with NATSPEC specifications. General engineering conditions 50. (A1)
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. 51. (A2) Materials on Roads and Footpaths: Where
the applicant requires the use of council land for placement of building waste, skips or storing materials a “Building waste containers or materials in
a public place” application form is to be lodged. Council land is not to
be occupied or used for storage until such application is approved. 52. (A3) Works on Council Property: Separate application shall be made to Council's
urban services division for approval to complete, 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. 53. (A4) Permit to Stand Plant: Where
the applicant requires the use of construction plant on the public road
reservation, an “Application for
Standing Plant Permit” shall be made to Council. Applications shall
be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval. 54. (A5) 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. 55. (A6) 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. All costs associated with the relocation or removal of services
shall be borne by the applicant. 56. (A7) 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’. 57. (A8) Council Drainage
Infrastructure: The proposed construction shall not encroach onto any existing Council
stormwater line or drainage easement. If a Council stormwater line is located
on the property during construction, Council is to be immediately notified.
Where necessary the stormwater line is to be relocated to be clear of the
proposed building works. All costs associated with the relocation of the
stormwater line are to be borne by the applicant 58. (A9) Services Prior to any
excavation works, the location and depth of all services must be ascertained.
All costs associated with adjustment of the public utility will be
borne by the applicant. 59. (V3) Car parking:
All parking and associated facilities are to be designed and constructed in
accordance with AS
2890 Series. 60. (R1) Rainwater Reuse Tanks: The proposed rainwater tank is 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. 61. (S1) Stormwater
requirement Stormwater runoff from
all impervious areas shall be collected and disposed of using the following
mechanism · All impervious areas are to drain to the
street · Environmental pollution control pit is to be
installed just prior to the connection to the street system The design and construction of the
drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater management. The design shall ensure that
the development, either during construction or upon completion, does not
impede or divert natural surface water so as to have an adverse impact upon
adjoining properties. Engineering conditions to
be complied with prior to construction certificate 62. (D3) Drainage Construction: The stormwater drainage on
the site is to be constructed generally in accordance with plan 08123/c1 prepared by Docker Smith dated August 2008 Certification by a suitably qualified engineer of the above plans is
to be submitted to the Principle
Certifying Authority stating that the design fully complies with, AS-3500 and
Council's DCP-Stormwater management. The
plans and certification shall be submitted prior to the issue of the Construction Certificate. The Principle Certifying Authority is to
satisfy themselves of the adequacy of the certified plans for the purposes of
construction. They are to determine what details, if any, are to be added to
the construction certificate plans, in order for the issue of the
construction certificate. 63. (B1) Council
infrastructure damage bond: The applicant shall lodge with Council a $1000 cash
bond or bank guarantee. The bond is to cover the repair of damage to
Council's roads, footpaths, kerb and gutter, drainage or other assets as a
result of the development. The bond
will be released upon issuing of the occupational certificate. If Council
determines that damage has occurred as a result of the development, the
applicant will be required to repair the damage. Repairs are to be carried
out within 90days from the notice. All repairs are to be carried in
accordance with council’s requirements. The full bond will be retained if
council’s requirements are not satisfied. Lodgement of this bond is
required prior to the issue of the Construction Certificate. 64. (C1) 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 Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the
principal certifying authority to prior to the issue of the construction
certificate 65. (V1)
Proposed Vehicular Crossing: The proposed
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. All works associated with the
construction of the crossing shall be completed prior to the issue of the
occupational certificate. 66. (D2) Geotechnical report:
A geotechnical report is to be completed for the excavations and
retaining structures proposed for the development. The Geotechnical Report
and supporting information are to be prepared by a suitably qualified
geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction
Certificate. 67. (D3) Geotechnical
Monitoring Program: Excavation works associated with the proposed
development must be overseen and monitored by a suitably qualified engineer.
A Geotechnical Monitoring Program shall be submitted to the principle
certifying authority prior to issue of
a Construction Certificate.. The Geotechnical Monitoring Program must be
produced by suitably qualified engineer ensuring that all geotechnical
matters are regularly assessed during construction. The Geotechnical Monitoring Program for the
construction works must be in accordance with the recommendations of the
Geotechnical Report and is to include: § Recommended hold
points to allow for inspection by a suitably qualified engineer during the following construction
procedures; § Excavation of the
site (face of excavation, base, etc) § Installation and
construction of temporary and permanent shoring/ retaining walls. § Foundation bearing
conditions and footing construction. § Installation of
sub-soil drainage. § Location, type and
regularity of further geotechnical investigations and testing. Excavation and construction works must be
undertaken in accordance with the Geotechnical and Monitoring Program. 68. (D4) Construction Methodology Report: There are structures on
neighbouring properties that are deemed to be in the zone of influence of the
proposed excavations. A suitably qualified engineer must prepare a
Construction Methodology report demonstrating that the proposed excavation
will have no adverse impact on any surrounding property and infrastructure.
The report must be submitted to Principle Certifying Authority prior to issue
of a Construction Certificate. The details must include a geotechnical report
to determine the design parameters appropriate to the specific development
and site. The Report must include recommendations on
appropriate construction techniques to ameliorate any potential adverse
impacts. The development works are to be undertaken in
accordance with the recommendations of the Construction Methodology report. 69. (D5)
Dilapidation report The applicant is to provide a dilapidation report of all adjoining properties and any
of Council's infrastructure located within the zone of influence of the
proposed excavation. Dilapidation report must be conducted by a
suitably qualified engineer prior to
the commencement of any demolition, excavation or construction works. The
extent of the survey must cover the zone of influence that may arise due to
excavation works, including dewatering and/or construction induced vibration.
The Initial dilapidation report must be submitted to Principle Certifying
Authority prior to issue of a
Construction Certificate. A second dilapidation
report, recording structural conditions of all structures originally
assessed prior to the commencement of works, must be carried out at the
completion of the works and be submitted to Principle Certifying Authority
prior to issue of an occupational Certificate. 70. (T1) Design of retaining structures:
All retaining structures grater than 1m in height are to be designed and
certified for construction by a suitably qualified engineer. The structural
design is to comply with, all relevant design codes and Australian standards. The design and certification shall be
submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate. 71. (D6) Certification of retaining
structures and excavations: A suitably qualified engineer shall provide
certification to the principal certifying authority that all retaining
structures and excavations have
been carried out; · In accordance with Construction
Methodology Report, Geotechnical Monitoring Program · Approved and certified retaining structures design · In accordance with the relevant Australian Standards and Codes of
Practise. The certification and a complete record of
inspections, testing and monitoring (with certifications) must be submitted
to the principal certifying authority prior
to the issue of the occupational certificate. Engineering conditions to be complied with prior to
commencement of construction 72. (C2)
Erosion and sediment control: The
applicant shall install appropriate sediment control devices prior to the start of any works on the
site. The devices are to be installed in accordance with the approved
plan satisfying condition ‘(C1) Erosion
and sediment control plan’. The devices shall be maintained during the
construction period and replaced when necessary. Engineering Conditions to
be complied with Prior to Occupation Certificate 73. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed
Plumber or a suitably qualified Engineer must be obtained for the following
matters. The plumber 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 the occupation certificate. · Confirming that the site drainage system has
been constructed in accordance with the relevant Australian Standards and
Council’s DCP-Stormwater management. |
Michael Mason
Executive Manager
Environmental Services Division
AT‑1 View |
Site Location Plan |
2 Pages |
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AT‑2 View |
Neighbour Notification
Plan |
1 Page |
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AT‑3 View |
Original Plans |
19 Pages |
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AT‑4 View |
Amended Plan |
14 Pages |
|
AT‑5 View |
Heritage Advisors Report |
2 Pages |
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Environmental
Services Division Report No. 2 |
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Reference: Environmental
Services Division Report No. 2
Subject: Delegated Authority
Report - January 2009
Record No: SU1863 - 3975/09
Author(s): Michael
Mason
During the month of
January 2009 a total of 29 Development Applications were determined under
delegation by staff. In addition 1
Construction Certificate and 8 Privately Certified Construction Certificates
were issued. There were no Complying
Developments determined in January.
That the report be received and noted. |
Michael Mason
Executive Manager
Environmental Services Division
AT‑1 View |
Application determined in
January 2009 |
4 Pages |
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