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Agenda

Planning and Building

Committee Meeting

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, 48 Longueville Road, Lane Cove on Monday 16 February 2009 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Ann Smith. 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 16 February 2009

 

TABLE OF CONTENTS

 

 

 

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: 4 Church Street, Greenwich

 

3.       Environmental Services Division Report No. 2

SUBJECT: Delegated Authority Report - January 2009

  

 

 

 

               


Planning and Building Committee Meeting 16 February 2009

 

Environmental Services Division Report No. 3

 

 

 

 

 

Reference:    Environmental Services Division Report No. 3

Subject:          4 Church Street, Greenwich    

Record No:    DA08/249-01 - 341/09

Author(s):       May Li 

 

 

Property:                     4 Church Street, Greenwich

 

DA No:                         249/2008

 

Date Lodged:              29 August 2008

 

Cost of Work:              $950,000.00

 

Owner             :                       G J Irving

 

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 9 Robert Street, Greenwich.

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 2 Church Street and 9 Robert Street, Greenwich.

 

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 9 Robert Street from the initial proposal but there is no improvement to the impact of 2 Church Street, Greenwich.  3 objections were received to the amended plans

 

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 Church Street, Greenwich and is also located within the Greenwich Point Conservation Area.  An existing two storey dwelling house with a detached garage is located on the site.  Surrounding developments comprise a mixture of single and two storey dwelling houses.   Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

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

Foreshore Building Line            (min)

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.      

 

Sydney Harbour Foreshores and Waterways DCP

 

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 Eucalypt street tree located on the opposite side of the road in front of the subject property is vulnerable to mechanical damage. The tree should have a tree protection zone of not less than 1.2m radial distance from the trunk of the tree.

 

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 2 Church Street, and 9 Robert Street, Greenwich enjoy water views to Lane Cove River and part of their view is obtained over the roof of the existing two storey dwelling house.  The proposed building would be higher than the existing building and result in a loss of view s to these adjoining properties.  The loss of views to the adjoining neighbours is considered excessive and has not been satisfactorily addressed by the site analysis and the design of the dwelling house. 

 

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 2 Church Street and 9 Robert Street, Greenwich. 

 

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 9 Robert Street and is only 1m from the common boundary between the two properties.  It is considered that the proposed balcony would result in a loss of privacy to the adjoining property and the balcony width is not supported.  It is also noted that the height of the existing boundary fence between 9 Robert Street and the subject site is less than 1m from the ground level of 9 Robert Street and any privacy screen to the balcony would obstruct the existing water views of 9 Robert Street, Greenwich. 

 

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 Church Street cul-de-sac and the variation is unlikely to create significant pedestrian safety issues.

·     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 9 Robert Street.  It is considered that the variation to the side setback requirements would not create any significant visual impact to the adjoining neighbours.

 

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 2 Church Street are able to look out to the northwest to the Lane Cove River and the foreshores of Woolwich.  The raising of the building, but more particularly the form of design will mean that this outlook is reduced.  The outlook will instead be replaced by a metal roof.

 

The owner of 9 Robert Street also states that 4 Church Street directly faces the water and the reserve, with no building or other impediment in front of it, and enjoys a full 180 degree view.  The increased building height with the location of the highest point central to their viewing corridor causes a significant view reduction from much of their property. 

 

Officer’s Comment

 

The proposed development would create a significant adverse impact to the existing water views from 2 Church Street, Greenwich.

 

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 Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Officer’s Comment

 

There is a water view from the outdoor entertainment area of 2 Church Street and 9 Robert Street, Greenwich.  The submission lodged invalid in ratio to this criterion.


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 9 Robert Street and the balcony would create noise and privacy impact to the adjoining property.

 


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 9 Robert Street.  Assurances and insurances would need to be provided to ensure that any demolition did not cause subterranean movement and damage to the adjoining properties. 

 

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 Church Street and would have minimum impact to the streetscape.   The issue of height in relation to view loss is a separate issue and has been addressed in this report.

 

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

 

Church Street is a narrow laneway, not kerb and guttered.  There is really no facility for trades people’s vehicles on such narrow lane.  Nearby residents request that a construction management plan be required as a condition of any consent ensuring that access to individual properties along the lane is not prevented at any time during construction.  They also request as condition of consent, preventing construction vehicles from parking in the lane during the construction period.

 

Officer’s Comment

 

Church Street is an existing “no stopping” zone.  This concern has been addressed by the existing traffic control.  A construction management plan has been required by condition, in the event that the

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. 


 

 

RECOMMENDATION

 

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.

 

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

 

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 NSW National Parks and Wildlife Service must be notified immediately.

 

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 TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

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

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Original Plans

19 Pages

AT‑4 View

Amended Plan

14 Pages

AT‑5 View

Heritage Advisors Report

2 Pages

 

 

 


Planning and Building Committee Meeting 16 February 2009

 

Environmental Services Division Report No. 2

 

 

 

 

 

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.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Application determined in January 2009

4 Pages