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Agenda

Planning and Building

Committee Meeting

16 March 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 March 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 www.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 March 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 2 MARCH 2009

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 48

SUBJECT: 40 Kallaroo Road, Riverview

 

3.       Environmental Services Division Report No. 5

SUBJECT: Delegated Authority Report - February 2009

  

 

 

 

               


Planning and Building Committee Meeting 16 March 2009

 

Environmental Services Division Report No. 48

 

 

 

 

 

Reference:    Environmental Services Division Report No. 48

Subject:          40 Kallaroo Road, Riverview    

Record No:    DA08/268-01 - 4876/09

Author(s):       Andrew Thomas 

 

 

Property:                                 40 Kallaroo Road, Riverview

 

DA No:                                     D268/08

 

Date Lodged:                          23.9.08 (revised plans submitted 30.1.09)

 

Cost of Work:                          $850,000

 

Owner             :                                   D. & K. Caravella

 

Author:                                     Andrew Thomas

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolish dwelling house and carport, and erect a two storey dwelling house, elevated deck and swimming pool, retaining walls and rainwater tanks

ZONE

Residential 2(a2)with the lower part of the site is affected by an Environmental Protection area

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No, but the site is visible from Tambourine Bay which is a landscape heritage item under the LEP

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

Yes

BCA CLASSIFICATION

Class 1a and 10b

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                              34-46 and 41-51 Kallaroo Road; 27 & 42 Romani Avenue

Ward Councillors                    Central Ward

Other Interest Groups             Lane Cove Bushland & Conservation Society Inc.

 

REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee by the Mayor.

 

EXECUTIVE SUMMARY:

 

·      The proposal is for the demolition of the dwelling house and the erection of a two storey dwelling house with an attached elevated rear deck and adjoining pool. 

 

·      The site has a significant fall towards the rear, to adjoining bushland.  In this section of Kallaroo Road, properties invariably have an outlook over the rear yard of adjoining neighbours towards Tambourine Bay. 

·      The proposal complies with Council’s requirements with the exception of the maximum amount of cut proposed, the width of an elevated rear deck; and the height and setback of the swimming pool.

 

·      The original proposal drew concerns about the pool and rear deck from the adjoining property owner of 38 Kallaroo Road. In addition the Lane Cove Bushland and Conservation Society (the Bushland Society) raised concerns in relation to the level of excavation, floor space ratio and stormwater runoff. Whilst the excavation would exceed the maximum allowed under the Code, it is not considered unreasonable. The Society’s concerns in relation to floor space ratio are not supported and draft conditions addressing stormwater has been provided.

 

·      The owners of the subject site and the adjoining property owner/objector have addressed concerns in relation to the proposed pool.  Revised plans submitted in January of this year have relocated the pool to the western side of the dwelling house.

 

·      The revised plans were renotified and two submissions were received, one from each adjoining property owner. 

 

·      The owner of 42 Kallaroo Road raises concerns in relation to pool noise and noise from the transfer pump for the rainwater tanks. Since the pool would be located behind a masonry wall and its filtration pump would be housed inside the dwelling house, these concerns should be alleviated. Draft condition 10 is recommended to ensure the transfer pump is also located internally. 

 

·      The owner of 38 Kallaroo Road requests Council guarantee existing bushland views across the subject site, and is concerned should Council approve a deck wider than the maximum of 3m allowed under the Code.  Whilst the objector’s request cannot be guaranteed, it would be an option to reduce the width of the deck to 5m in line with the pool,  to achieve a compromise between the objector’s expectations and Council’s Code requirement.

 

·      Overall the revised proposal is a reasonable development which generally has the support of each adjoining property owner.  The application is recommended for approval subject to draft condition 2 which would limit the width of the rear deck.

 

SITE:

 

The subject site is an irregular shaped lot with a frontage of 15.25m to Kallaroo Road and an area of 810.4m2.  The site falls about 14m from its northern front boundary to its southern rear boundary. 

 

The site is located on the low southern side of Kallaroo Road and is diagonally opposite the intersection with Romani Avenue.

 

Existing development on the site consists of a part one and part two storey dwelling house with a front detached carport.  The front yard has rock outcrops and contains low bushes and trees.  The rear yard falls away from a terrace through a series of paths and retaining walls to a relatively level grassed area towards the rear boundary, and includes low bushes, a gum tree on the eastern side boundary and a Rhododendron tree at the rear of the dwelling house.  The rear part of the site is within an Environmental Protection area.

 

On either side of the subject side is a part one and part two storey dwelling house.  To the rear of the site is a bushland belt approximately 30m wide.  This bushland abuts the foreshore of Tambourine Bay, which is a landscape heritage item of State significance under the Lane Cove LEP 1987. The area is residential and generally contains one and two storey dwelling houses.  Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL:

 

1.         Background

 

October 2008:             Discussions with owner and applicant in relation to non compliance and issues raised by objectors.

 

November 2008:         Revised plans submitted showing modifications to the proposed swimming pool and a bushfire report were submitted.  The revised plans were notified to each adjoining property owner and the Lane Cove Bushland and Conservation Society (the Bushland Society) which made a submission to the original proposal.  The adjoining property owner of 38 Kallaroo Road raised concerns in relation to the revised pool.  No submission was submitted by the other adjoining property owner of 42 Kallaroo Road, or the Bushland Society.

 

December 2008:        The owners of the subject site advised Council that they would consider relocating the swimming pool to the opposite, western side, of the dwelling house in an attempt to reduce its impact on the property owner of 38 Kallaroo Road.  The owners of the subject site advised that this review would be discussed with the adjoining property owner of 42 Kallaroo Road located to the west of the site.

 

January 2009:                        A meeting was held between the owners of the subject site; the owner of 38 Kallaroo Road and the assessment planner to review revised plans. Revised plans were submitted and renotified to all property owners notified of the original proposal, the local Progress Association, the Bushland Society and Ward Councillors.

 

February 2009:          At the end of the notification period for the revised plans no further submission was received from the Bushland Society, but submissions were received from each adjoining property owner.

 

2.         The Development

 

The current proposal seeks:

 

·     the demolition of the existing dwelling house and carport

·     the erection of a  two storey dwelling house with a double garage and an elevated rear deck and swimming pool

·     retaining walls adjacent to a revised driveway crossing and a proposed front footpath

·     rainwater tanks on the western side of the dwelling house.

 

Details of the proposal:

 

(i)         Dwelling House/Pool/Decks

 

Located on the two main levels with a third basement level located towards the rear.

 

·     Ground Floor Level

 

This level includes the main living rooms, also an elevated partly covered deck at the rear generally 7.1m wide with access stairs to the rear yard.  Located on the deck’s western side is proposed a swimming pool 8.2m long x 3.2m wide and generally 1.8m deep.  The swimming pool is proposed to be partly recessed within the dwelling house.  Apart from a short section of the pool concourse at its southern end, the pool would be screened on its western side by a feature stone wall between 3m and 3.5m in height.

 

 

·     First Floor Level

 

Contains five bedrooms, one with ensuite, and a separate bathroom.  A bedroom at the front, and two bedrooms at the rear, would have an attached deck.

 

·     Lower Ground Floor Level/Basement Level

 

This level is proposed to be partly excavated to be less than 1.5m above ground level (therefore it is not counted as a storey nor floor space).  A media room and an adjoining bathroom and store are proposed.  At the rear an attached deck is proposed at existing ground level with steps linking it to the rear yard and the pool above.

 

On the western side of this level and within the dwelling house, are a 9,000 litre rainwater reuse tank and the pool’s pump and filtration equipment.  The southern end of the shell of the swimming pool would be screened by a 2m high masonry wall.

 

·     Materials

 

The dwelling house and garage are proposed to be constructed of rendered masonry facades with cladded finishes to both the garage and the first floor level.  A colourbond skillion roof with a pitch of 12o is proposed over both structures. 

 

The dwelling house would have a low visual appearance to the street, and would only be about 3m above the existing single storey component.

 

(ii)        Retaining Walls

 

Two retaining walls up to 900mm in height are proposed:  one on the east side of the proposed driveway, and the other on the east side of a proposed stone footpath over the front yard.  The existing stone front retaining wall is to be retained.

 

(iii)       Rainwater Tanks

 

4 x 2.5m high 2,700 litre rainwater reuse tanks are proposed on the west side of the dwelling house.  These tanks, and the rainwater reuse tank located inside the dwelling house on this same side, would connect into a 10m long dispersal trench located in the rear yard.

 

PREVIOUS APPROVALS/HISTORY:

 

No Council computer records.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

TABLE 1:        DWELLING HOUSE

 

Site Area (810.4m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.4:1

0.5:1

yes

Soft Landscaped Area            (min)

45%

35%

yes

Side Boundary Setback (min)

1.5m

1.5m

yes

Overall Height (m)       (max)

8.37m

9.5m

yes

Ceiling Height (m)       (max)

6.7m

7.0m

yes

No of Storeys

2

2

yes

Building Line    (max)

7.5m

7.5m

yes

Foreshore Building Line (min)

n/a

-

-

Cut and Fill    (max)

Cut:  2.8m

Fill:  < 1m

1m

no

yes

Deck/Balcony width  (max)

7.1m-8.3m

3m (if elevated by >1m

and if privacy is an issue)

no

Solar Access  (min)

No impact on north facing windows

3 hours to north elevation

yes

BASIX Certificate

Supplied

BASIX Certificate required

yes

 

TABLE 2:        SWIMMING POOL

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

2.5m-3m

3m

No, in part (but  located behind a solid wall)

Height (max)

2.74m

1800mm

No, in part

Setback if height is >1800mm (min)

2.17m

1:1 setback measured from concourse edge

No, in part

Screening of facade where > 1.0m above ground level?

None

Screening required

No, but conditioned to comply

 

REFERRALS:

 

Building Surveyor

 

The Building Surveyor has provided draft conditions should the application be approved.

 

Development Engineer

 

Confirms that the property lies within an on-site detention exemption area, and that stormwater disposal must address Council’s bushland controls.  The Development Engineer has provided draft conditions should the proposal be approved.

 

Bushland Manager/Tree Assessment Officer

 

The Bushland Manager and Tree assessment Officer have noted:

 

·     no existing on-site trees would need to be removed;

·     a Banksia street tree, and all on-site trees, should be retained and protected;

·     although the property is adjacent to bushland, the development would have no adverse impact on flora or fauna in the area;

·     the proposed residence would not be visually dominant because of the scale of bushland at the rear of the site;

·     the proposed dwelling house would sit comfortably within the topography of the site, and would be partially obscured by neighbouring properties and bushland;

·     screen planting would minimise the dwelling house’s visual impact for park users;

·     the Rhododendron tree at the rear of the site would block the majority of the pool structure  when viewed from Tambourine Bay, and that this tree should be retained and protected;

·     screen planting is recommended at the rear of the development along the site’s western side boundary;

·     a stormwater dispersal trench should be located closer to the dwelling house;

·     the proposal does not raise any Aboriginal heritage issues.

 

Draft conditions to address these and other matters have been provided.

 

NSW Rural Fire Service

 

The Rural Fire Service advised that the site is located within a flame zone. The Rural Fire Service have provided draft conditions requiring the site to be managed as an inner protection area; the swimming pool to be provided with a pump (so that water could be used in the event of a bushfire), and other bushfire protection measures to address the construction of the dwelling house and garage.

 

ASSESSMENT

 

SECTION 79C(1)(a)

 

Lane Cove Local Environmental Plan 1987 (the LEP)

 

(i)         Zone

 

The proposed demolition of the dwelling house is permissible under cl 14 of the LEP.  The proposed new works are both permissible in, and would satisfy the objectives of, the residential 2(a2) Zone under the LEP. 

 

(ii)        Environmental Protection

 

Clause 11 of the LEP limits the type of development permissible in an Environmental Protection area (EP area).  The proposed works are set back at least 5m from the EP area at the rear of the site.  Draft conditions recommended by Council’s Bushland Manager/Tree Assessment Officer have been provided to ensure this area would remain protected from the development.

           

(iii) Heritage

 

In relation to cl. 18G the scale of the proposed works would not have an adverse impact upon the heritage significance of Tambourine Bay, which is a landscape heritage item under the LEP that is visible from the subject site.  A copy of the heritage listing is attached at (AT3).

 

Draft Lane Cove Local Environmental Plan 2008 (the DLEP)

 

All of the proposed works, including the proposed demolition, are both permissible in, and would satisfy the relevant objectives of, the R2 Low Density Residential zone proposed for the site under the DLEP. The proposal does not raise any issues with the DLEP, and would comply with its Principle development standards in relation to both height and floor space ratio.  Under the DLEP, the basement area has been counted as floor space, but still complies with the ratio. 

 

Other Planning Instruments

 

SEPP 55:  Remediation of Land

 

The subject site and adjoining sites are zoned residential.  Given the residential history of the use of the site and the types of permissible uses within residential zones, it is unlikely that the subject site would be contaminated.

 

SEPP 19:  Bushland in Urban Areas

 

The aims and objectives of this Policy are to protect and conserve bushland.  Council’s Bushland Manager has confirmed that although the rear of the site is adjacent to bushland this would not be adversely affected by the proposal, nor would the development be visually dominant viewed from this bushland.  In addition general disturbance of the site would be kept to a minimum as the proposal would generally be within the existing dwelling house footprint.

 

Development Control Plan No.1 – Control of Development Adjacent to Bushland (the DCP)

 

The proposal satisfies the aims and objectives of Council’s DCP as adjacent bushland is not disturbed. Council’s Bushland Manager has recommended draft conditions to control any potential adverse effects arising from the redevelopment of the site which include a draft condition 80 that would relocate the dispersal trench in the rear yard closer to the dwelling house and further away from the bushland.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP 2005)

 

The site is within the Harbour Catchment of this SREP.  In relation to those Matters for Consideration set out under cl 20-27 of Division 2 of the SREP, the proposed development would be consistent with the following relevant clauses.

 

(i)         Clause 21 Biodiversity, ecology and environment protection

 

Subject to the draft conditions recommended by Council’s Bushland Manager, Tree Assessment Officer and Development Engineer, the potential adverse impacts from sediment and erosion control have been addressed to ensure that stormwater runoff from the subject site would not have an adverse impact on the quality of water entering Tambourine Bay.  In addition other draft conditions are recommended that would retain and protect significant vegetation on the subject site, and which would also assist in reducing the potential adverse impact from stormwater runoff into Tambourine Bay.

 

(ii)        Clause 25 Foreshore and water scenic quality

 

The scale of the proposed development is compatible with adjoining and adjacent development, and would not create an adverse visual impact viewed from Tambourine Bay. 

 

(iii)       Clause 26 Maintenance, protection and enhancement of views

 

The proposed development would not obstruct any significant views or vistas of Tambourine Bay.

 

In conclusion, the proposed development would satisfy the requirements of the SREP in relation to those relevant Matters for consideration.

 

Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 (the DCP 2005)

 

The subject site is located within the foreshore area identified on the Foreshores and Waterways Area Map contained within the SREP and as such is subject to the DCP that complements the SREP.  Comments in relation to the relevant parts of the DCP 2005 follow.

 

(i)         Part 2 Ecological Assessment

 

The proposal would comply with the stated performance criteria under ecological assessment for the following reasons:

 

·     it would not involve the removal of any vegetation;

·     appropriate soil erosion measures would be installed prior to any works commencing on site subject to the draft conditions recommended by Council’s Bushland Manager, Tree Assessment Officer and Development Engineer; and

·     there would be no disturbance of any natural features close to the foreshore of Tambourine Bay.

 

(ii)        Part 3 Landscape Assessment

 

The proposal would achieve the relevant stated performance criteria under the locality’s landscape character categories for the following reasons:

 

·     existing foreshore vegetation would not be disturbed;

·     existing natural features would be retained;

·     the proposed development would be of appropriate height, bulk and scale within the context of adjoining and adjacent residential developments; and

·     views of natural features from Tambourine Bay would remain undisturbed.

 

(iii)       Part 5 Design Guidelines for Land-Based Development

 

Under the Guidelines for Land-Based Development (i.e. development that is located above MHWM) the following clauses apply.

 

Clause 5.3 Siting of Buildings and Structures

 

The proposal would achieve the relevant criteria under this clause for the following reasons:

 

·     the proposal would not impact on existing native vegetation;

·     the proposal would not obstruct views and vistas from the public domain to Tambourine Bay;

·     the development would ensure that the proposed dwelling house would continue to address Tambourine Bay; and

·     subject to draft condition 2 which would reduce the width of the proposed attached ground floor deck to 5m, the potential loss of views from each adjoining property would also be reduced to a reasonable level.

 

Clause 5.4 Built Form

 

This clause requires buildings and other structures to be designed so that they would be sympathetic to their surroundings.  The proposal would achieve the guidelines for the following reasons:

 

·     whilst the proposed dwelling house would increase the overall height of the existing roof by about 3m, neither the established ridge line, nor the backdrop of significant trees along Kallaroo Road, would be impinged;

·     whilst the proposal incorporates skillion roofs that fall in different directions, this design would help to break up the total built form into smaller elements;

·     subject to draft condition 39 (63) the colour and finish of the proposed colourbond roof would be sympathetic with the natural landscape setting of the subject site and its relationship to Tambourine Bay; and

·     viewed from Tambourine Bay the proposal would be of a similar bulk and scale to the existing dwelling house and surrounding developments.

 

Clause 5.6 Planting

 

This part requires vegetation, in the form of bush and remnant native species, to be protected and enhanced.  The proposal would retain significant trees on the site which are proposed to be protected by way of draft conditions recommended by Council’s Bushland Manager and Tree Assessment Officer, in addition to screen planting recommended at the rear of the proposed dwelling house.

 

Applicable Regulation

 

The development application involves the demolition of the existing dwelling house and detached carport.  Consequently under cl 92 of the Environmental Planning and Assessment Act Regulation 2000 these works must comply with Australian Standard AS2601-2001.  Draft condition 51 (79) is included in the Recommendation to this report to address this requirement.

 

Variations to Council’s Codes/PolicIes

 

The preceding policy assessment tables identify those controls that the proposal would not comply with.  Each departure is discussed below.

 

Table 1:          DWELLING HOUSE

 

(i)         Cut and Fill

 

The proposal would comply with the fill requirement under the Code, but the maximum cut of 2.8m would exceed that allowed under the Code by 1.8m.  This standard, and the accompanying standard to preserve trees, relate to the Code’s General objectives which in summary are:

 

·     dwellings are to minimise their impact on a site;

·     dwellings are to blend into the natural landscape; and

·     dwellings are to have regard to the amenity of the adjoining properties.

 

This non-compliance is nevertheless supported for the following reasons:

 

·     as the excavation proposed would generally occur within the existing dwelling house footprint this would help to minimise its impact on the site;

·     all existing trees on the site would be retained; and

·     the revised proposal generally has the support of each adjoining property owner.

 

(ii)        Deck/Balcony Width

 

With a proposed width of between 7.1m and 8.3m, the attached rear ground floor level (elevated) deck would exceed the maximum width of an elevated deck allowed under the Code by between 4.1 and 5.3m. where privacy is an issue.  This standard relates to that part of the Code which deals with Privacy And Overlooking, the objective of which is to ensure the following:

 

·     Buildings are to be designed and constructed so as the use will not significantly affect the privacy of the occupants on any adjoining site.

 

Notwithstanding the restriction under the Code, Council may approve a deck with a width greater than 3m that is elevated more than 1m above ground level where privacy would not be an issue. Due to the fall in the site, the proposed ground floor deck would be elevated about 4m above ground level. 

 

Although the adjoining property owner at 42 Kallaroo Road has raised no objection to the proposed deck, the adjoining property owner at 38 Kallaroo Road has raised concerns which are summarised and discussed under the later sub-heading Response To Notification.  Council could allow a deck wider than 3m in this instance because the objective under the Code regarding the privacy of adjoining neighbours is not an issue. The adjoining property owner of 38 Kallaroo Road has intentionally not asked for privacy screens so as to maintain as much of the bushland outlook across the site as possible.

 

To achieve a compromise between the width of the elevated ground floor deck proposed and a deck that would reduce its impact on the adjoining property owner at 38 Kallaroo Road, draft condition 2 is recommended so as to limit the useable width of the deck to 5m. This draft condition would ensure that both the deck and adjoining stairs would not exceed the length of the adjoining swimming pool proposed in this development.

 

Table 2:          SWIMMING POOL

 

The objective for private swimming pools under the Code is:

 

            To promote good pool design which recognise site constraints and enhance the natural and built environment.

 

The four non-compliances in relation to the proposed pool are described and discussed below.

 

(i)         Concourse Edge

 

The Code requires a minimum setback of 3m from a pool concourse to the dwelling house on an adjoining site.  The proposed pool would have a minimum setback of 2.5m over a length of about 4m before this structure would satisfy the minimum setback requirement of 3m.  This variation is supported for the following reasons:

 

·     the proposed pool is located behind either the dwelling house wall, or a feature stone privacy wall, along its western side and would therefore not be visible from the adjoining property owner; and

·     the adjoining property owner, at 42 Kallaroo Road, has raised no objection to this structure.

 

(ii)        Height

 

The Code restricts the height of a pool to 1.8m above natural ground level. A pool with a height greater than 1.8m may be allowed if it is setback at a ratio of 1:1.  

 

As the proposed pool would have a maximum height of 2.74m (at its rear southwest corner) it should be set back 2.74m. Although the proposed setback is only 2.17m, the variation is supported for the following reasons:

 

·     the section of pool structure that would not comply would have an overall length of about 3m, of which 1m would be the pool concourse and the other 2m would be the pool itself although this would be located behind a feature stone privacy wall;

·     with the general natural ground level in the vicinity of the pool at about RL 20 the pool would comply if it was moved slightly up the site; this would also enable the pool to be moved closer to the adjoining property on the western side and still comply with the Code – it is therefore preferable to have the pool in the location, and with the setback , proposed; and

·     the adjoining property owner has raised no objection to the proposed pool.

 

(iii)       Setback

 

As indicated under (ii) Height above, the pool concourse should be set back at a ratio of 1:1 if its height would exceed 1.8m.  No objection is raised to the proposed setback of 2.17m for the same reasons as given under sub-heading (ii) Height above.

 

(iv)      Screening

 

The Code requires a pool façade more than 1m above ground level to be screened and landscaped to Council’s satisfaction.

 

The shell of the proposed pool is located behind a feature masonry wall 2m high at its rear southern end.  Draft condition 3 is recommended requiring both the rear and side feature masonry walls to be screened to a height of 2m. 

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

Original Proposal

 

Two submissions were received in response to Council’s notification of the original proposal. The adjoining property owners of 38 Kallaroo Road, raised concerns in relation to the height and location of the proposed pool, and its potential impact on bushland views.  The Bushland Society’s concerns are addressed under a later review of submissions received.

 

Revised Proposal

 

Changes were made to the swimming pool and it was renotified to each adjoining property owner and the Bushland Society.

 

The owners of 38 Kallaroo Road raised concerns about the location of the pool; overshadowing; and the width, and impact on views, of the proposed attached rear ground floor deck.

 

Current Proposal

 

The latest revision to the development application relocates the proposed pool over to the opposite, western side, of the dwelling house, (adjoining the property at 42 Kallaroo Road).  In response to Council’s re-notification of this latest proposal, each adjoining property owner at 38 and 42 Kallaroo Road have made a submission.

 

The following sub-headings are a summary of the concerns raised by the Lane Cove Bushland and Conservation Society to the original proposal; and recent concerns raised by the owner of 42 Kallaroo Road; and those remaining concerns raised by the owners of 38 Kallaroo Road.

 

1.         FSR

 

If media room is not to be included in floor space ratio, the excavation for it requires a SEPP 1 amendment.

 

 

Comment

 

Given its height, the media room at the basement level is not floor space.  The proposed excavation beyond the maximum of 1m allowed under the Code is not a development standard of the Local Environment Plan, and therefore an objection under SEPP 1 is not called for.  Even if the basement level was included in FSR calculations under either the Code or the DLEP 2008, the development’s FSR would still be below the maximum allowed.

 

2.         Runoff

 

The proposed roof area would increase runoff:  whilst the rainwater tanks would help to reduce this, there is no indication as to whether these are connected to any appliances or only used for landscape watering.  It is necessary to reduce the development’s runoff into the bushland.

 

Comment

 

The submitted drainage plans confirm that the rainwater tanks would be connected to some dwelling house appliances, and stormwater would otherwise be disbursed into a proposed trench in the rear yard.  Council’s Bushland Manager has agreed to the drainage concept.

 

3.         Sediment Control

 

Request monitoring of sediment control and debris spills into the bush during construction.

 

Comment

 

Council’s Bushland Management and Tree Assessment Officer, as well as Council’s Development Engineer, have recommended conditions to address this concern.  If approved, these draft conditions will be attached to the consent.

 

4.         Noise

 

The pool would be located below a main bedroom at 42 Kallaroo.  The transfer pump for the rainwater tanks is not marked:  would not want this along the common boundary.  Require privacy feature wall to absorb or deflect noise.

 

Comment

 

As the pool would be located behind a masonry wall and the pool pump equipment inside the house at the basement level, the pool should not cause a noise problem.  Despite this draft condition 31 (53) in this report would control the noise from the proposed pool pump.  In addition draft condition 10 is recommended requiring the transfer pump to be located inside the dwelling house.

 

5.         Power Pole

 

The survey shows a power pole on 38 Kallaroo Road; believe it was located when the previous owners of the subject site rewired their house – wish this to be relocated.

 

Comment

 

This is not relevant to the assessment of the proposal and is a matter between the two affected property owners.

 

 

 

 

6.         Block Wall

 

The submitted survey appears to show this incorrectly:  believe it is on the property of 40 Kallaroo Road and it forms part of the existing carport on that site.  Presume when it is demolished it would be replaced by a screen.

 

Comment


The applicant has submitted a survey which has corrected this error and which confirms that the block wall to the carport is wholly within the subject site.  As this structure would be demolished and replaced by a garage in a similar position, a screen would not be required.  The submitted plans show landscaping between the garage and the common boundary.

 

Draft condition 7 is included in the Recommendation to this report to ensure a correct site survey is submitted as part of a Construction Certificate.

 

7.         Brick Wall

 

The northern section of a brick wall on 38 Kallaroo  and behind the block wall of the carport has been used as a retaining wall:  however it is damaged and leaning into 38 Kallaroo.  The proposed development would require its own retaining wall and screen for their garbage bin store.  Before any wall is damaged our utilities which run alongside the boundary at a shallow depth should be protected.

 

Comment

 

Any damage to the objector’s property would be a civil matter between the two property owners and the demolition contractor.  The existing brick wall is shown on the objector’s property and adjacent to a proposed bin store recycling area on the submitted architectural plans.  Draft condition 8 is recommended to ensure all proposed works are located wholly within the subject site.

 

8.         Overshadowing

 

The proposed dwelling house roof is pitched so that it slopes towards the centre of the site; this roof design would overshadow our western windows; this is unnecessary; the roof should slope in the opposite direction; the proposed design would create deliberate extra overshadowing for a perceived aesthetic reason.

 

Comment

 

The only habitable window on the western side of 38 Kallaroo Road is a bedroom/study window towards the front.  Although this is a window on the objector’s west (northwest) elevation, it is not relevant to Council’s assessment of solar access under the Code.  The applicant has submitted shadow plans which confirm that this window would only be affected by shadow after 12 noon from the proposed dwelling house roof.  Both Solar access and height requirements under the Code would comply.   

 

9.         Deck

 

The owners of 38 Kallaroo have agreed with the owners of the subject site to a deck that would not obstruct views linking the rear of existing decks at 40 and 42 Kallaroo Road  However  the plans do not provide a commitment to our right to that view; cannot see how a wider deck could be approved unless Council can place conditions to ensure the security of our view into the future, and our continuing enjoyment and the value of our property; unless safeguards are obtained the width of the deck should be reduced to 3m; whilst we can accept the proposed deck with these provisos suggest Council must consider the consequences of the precedent set by such an approval.

 

Comment

 

There have been attempts between the respective property owners to address the objector’s concerns.  The owners of the subject site see the deck as their only level playing area where a young family can be supervised.

 

The owner of 38 Kallaroo Road is concerned with maintaining existing bushland views. Council would be unable to regulate the future use of the deck so as to ensure the objector’s existing bushland  views would be  maintained. However the existing views of Tambourine Bay from 38 Kallaroo Road would be maintained, and only the bushland outlook across the applicant’s property, extending close to the foreshore of Tambourine Bay would be affected. 

 

An unusual situation has arisen because no property owner has objected to the deck on the grounds of overlooking. The issue is the deck’s impact on existing views. A compromise would seem a fair and reasonable option, particularly when the level of excavation proposed would create a third level with a deck at the same level as the rear yard. To address this situation draft condition 2 is recommended so as to restrict the useable width of the deck to 5m.

 

CONCLUSION

 

The application is for redevelopment of the site comprising a two storey dwelling house with an attached elevated rear deck and an adjoining swimming pool.  The proposed dwelling house complies with most of the numerical requirements under Council’s Code for Dwelling Houses (the Code) except for cut (excavation), the width of the rear deck and the height and setback requirements for a pool.

 

There have been three separate submissions raised in relation to the proposal.  The Lane Cove Bushland and Conservation Society (the Bushland Society) are concerned about the depth of excavation; stormwater runoff and sediment control.  However the extent of excavation is considered acceptable and other concerns can be addressed by conditions.

 

Although the pool was initially a main concern, its revised location on the west side of the proposed dwelling house has generally satisfied each adjoining property owner.  However, the neighbour close to the pool has raised concerns in relation to pool noise and noise from the transfer pump for the proposed rainwater reuse tanks.  These concerns should be alleviated because the pool would be located behind a masonry wall and its pump inside the dwelling house at the basement level.  In addition draft condition 31 (53) would control noise from the pool pump, and draft condition 10 requires the transfer pump to be located inside the dwelling house. 

 

The rear deck remains the proposal’s main issue.  Whilst privacy is usually a concern in relation to the width of elevated decks, this has not been raised as an issue in this development.  Draft condition 2 is recommended to reduce the useable width of the proposed deck to 5m because Council cannot guarantee an objector’s request that the future use of the deck would not interfere with bushland views over the subject site.

 

In conclusion, the development overall is reasonable and has largely received the support of each adjoining property owner.  The development application is recommended for approval subject to a condition restricting the width of the rear deck given the requirements of the Code, the wishes of the owners of the subject site and the remaining concerns of the adjoining property owners.

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 268/08 for the demolition of the dwelling house and carport, and the erection of a two storey dwelling house, garage, attached rear deck and swimming pool; retaining walls and rainwater tanks, on Lot 108 DP 16472 and known as 40 Kallaroo Road, Riverview subject to the following conditions:

Plans

 

1.         (20) That the development be strictly in accordance with drawing numbers 01-04, Issue C, dated January 2009 and as amended up to 29.1.09, and a plan titled “Roof Plan”, Issue C, dated January 2009, by Red Rock Design, except as amended by the following conditions.

 

Specific

 

2.         The useable width of the ground floor deck is not to exceed 5m and the attached rear stairs must not extend past the swimming pool as shown marked in red on the approved plans.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.         Screening, preferably with indigenous plants, is to be provided adjacent to both the southern and western sides of the Feature Masonry Wall of the swimming pool.  Plants are to achieve a minimum height of 2m, and planting is to extend across the full width and length of the swimming pool adjacent to this Feature Masonry Wall.  Details of this planting are to be shown on plans submitted as part of a Construction Certificate.

 

4.         The lower ground floor/basement floor plan is to show the bathroom windows on plans submitted with a Construction Certificate.

 

5.         In order to reduce overlooking towards the adjoining neighbour to the east, at 38 Kallaroo Road, the following first floor level windows are to be finished in obscure glass up to a height of 1.7m above the FFL of the relevant room or, alternatively, the sill height of each respective window is to be raised to this same level:

 

·     bedroom 4 and the adjoining bathroom; and

·     the study.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.         In order to reduce overlooking of the adjoining neighbour to the west, at 42 Kallaroo Road, the first floor ensuite window of bedroom 2 is to be finished in obscure glass up to a height of 1.7m above the FFL or, alternatively, the sill height of this window is to be raised to this same level.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.         A survey plan at a scale of 1:100 that shows the correct location of the block wall and adjoining brick wall adjacent to the site’s eastern boundary is to be submitted as part of a Construction Certificate.

 

8.         In order to prevent any new work encroaching on a neighbouring property, all new work is to be located wholly within the subject site.  If any doubt is raised, Council may request the submission of a survey report. 

 

9.         The rainwater tanks must be manufactured from non-combustible materials if they are located within 450mm of the side boundary.

 

10.       In order to address the potential adverse noise impacts on the adjoining property owner of 42 Kallaroo Road from the transfer pump for the rainwater tanks, the transfer pump is to be located inside the basement level of the dwelling house.  PLANS SUBMITTED WITH A CONSTRUCTION CERTIFICATE ARE TO CONFIRM THAT THIS LOCATION HAS BEEN SATISFIED.

 

11.       At the commencement of building works the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

12.       A minimum 5hp or 3kW petrol or diesel powered pump with storz fittings shall be made available to the proposed swimming pool.  A 19mm (internal diameter) fire hose and reel shall be connected to the pump.

 

13.       A standard static water supply (SWS) marker shall be obtained from the NSW Rural Fire Service as part of the Static Water Supply Program once the water supply has been installed.  The marker once issued is to be:

 

            (a)        fixed in a suitable location at the front of the property so as to be highly visible

            (b)       positioned adjacent to most appropriate access for the static water supply

            (c)        fixed facing the roadway on a gatepost, fence or dedicated post, at the right hand side of the entranceway to the static water supply

            (d)        fixed no less than 600mm from the ground surface to the base of the sign and not higher than 1200mm from the ground surface to the base of the sign

            (e)        fixed with suitable screws or nails.

 

14.       Electricity and gas supplies are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.

 

15.       To allow for emergency service’s personnel and residents to undertake property protection activities unobstructed pedestrian access 900mm wide (min) is to be provided to access all areas around the building and lot.

 

16.       New construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for Bush Fire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

·     New construction of all elevations of the dwelling shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire-prone areas’ Level 3.

 

·     Any external materials are to be non-combustible on the eastern, southern and western elevations.

 

·     Where fitted, bush fire shutters shall –

 

            (a)        be fixed to the building and be non-removable,

            (b)        when in the closed position, have no gap between the shutter and the wall, the sill or the head greater than 2mm,

            (c)        be readily manually operable from either inside or outside,

            (d)        protect the entire window or door assembly,

            (e)        be made from non-combustible material,

            (f)         where perforated, have:

                                  (i)        uniformly distributed perforations with a maximum aperture of 2mm, and

                        (ii)       a perforated area no greater than 20% of the shutter and

            (g)        comply with AS 1530.8.2 when tested from the outside.

 

·     All glazing to windows on the eastern, southern and western elevations shall have:

 

(a)       the openable portions screened using a mesh with a maximum aperture of 2mm made of corrosion resistant steel or bronze, and

(b)       the window assemblies protected by a complying bush fire shutter or;

(c)       where window assemblies are not protected by a complying bush fire shutter –

            (i)         the window system shall have an FRL of at least -/30/-; or

            (ii)        the window system shall comply with AS 1530.8.2 when tested from the outside.

 

·     Any screenless external door system on the proposed dwelling shall comply with Table 1 of Development Control Practice Note 3/06 (release 2) “External Doors”.

 

·     Roofing shall be gutterless or have leafless guttering and valleys are to be screened, to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

·     Roller doors shall be sealed to prevent the entry of embers into the building.

 

17.       Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.

 

General

 

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

 

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

 

20.       (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.

21.       (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.

 

22.       (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.

 

23.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building and swimming pool.

 

24.       (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.

 

25.       (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.

 

26.       (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.

 

27.       (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.

 

28.       (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.

 

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

 

30.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 2007, Swimming Pool Safety – Part 1: Safety barriers for swimming pools.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

31.       (53) The filter and pump is not to create a noise nuisance at any time.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

32.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

33.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

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

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Pool reinforcement prior to placement of concrete.

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

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

 

35.       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.

 

36.       (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.

 

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

 

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

 

39.       (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.

 

40.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

41.       (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.

 

42.       (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.

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

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

 

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

(b)        Smoke alarms complying with AS 3786.

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        any storey containing bedrooms—

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

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

(b)        any other storey not containing bedrooms.

 

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

 

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

 

46.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

47.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

48.       (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.

 

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

 

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

 

51.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

52.       (87) Council’s verge in front of the site to be kept clear and trafficable at all times.

 

53.       (103)  Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c's.

 

54.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

55.       (130)  Compliance with the Waste Management Plan submitted under this application.

 

56.       (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.

 

57.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

58.       (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.

 

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

 

60.       (143) Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

Landscape

 

61.       (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.

 

62.       (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.

 

63.       (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.

 

64.       (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.

 

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

 

66.       (307a)  Any weeds listed 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.

 

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

 

68.       All existing trees on the site must be retained and protected for the duration of the proposed development.

 

69.       (317) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2.4m from the trunk of the Banksia street tree to be retained and protected.  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.

 

70.       A 1.8 m high fence of chain mesh shall be erected west of the existing pedestrian path leading to the house. The tree protection zone shall enclose all trees in the northwest section of the front yard including the Macadamia tree adjacent to the driveway. 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.

 

71.       The Rhododendron tree in the centre of the rear yard must be retained. A 1.8m high fence of chain mesh shall enclose the entire tree. 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.

 

72.       A waterproof sign must be placed on each tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – 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.

 

            Such fencing 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. 

 

73.       (347) All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition and site preparation. The tree protection measures shall be to the satisfaction of and certified by Council’s Tree Assessment Officer. No further site works may take place until this tree protection certification has been obtained and a copy forwarded to the accredited certifier and Council. All tree protection measures shall remain in place for the duration of the development including construction of the driveway crossing.

 

74.       (354)  Footing, trench, or excavation that is within 3 meters of any tree (>150mm Diameter at Breast Height or 4meters in height), or within 5 times the trunks Diameter at Breast Height of all trees including trees on neighbouring properties must be dug by hand with no roots greater than 25mm diameter to be severed or damaged.

 

75.       (365)  There must be no soil disturbance, including any activities associated with the construction within the tree protection zone located in the northwest corner of the allotment.  With exception for the pedestrian pathway where excavation using hand held tools only for pier holes is permitted. No roots greater than 25mm diameters shall be cut or severed during any such excavation.

 

76.       (321)  There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

77.       (332)  During construction / landscaping the designated Environmental Protection area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

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

 

79.       (381)  Screen planting is required along the west boundary line at the rear of the allotment adjacent to the footprint of the proposed house and ending at RL 15.74.  These plants must be healthy, good quality nursery stock, grown to at least 25 L pot size, being free of girdling roots and other defects and have a height at maturity of not less than 2m and not more than 3m.  Residents are strongly encouraged to use local native plant species in their gardens.  A species list of local native plants suitable for gardens is available from Council.

 

80.       In order to reduce the impact on adjoining bushland, the dispersal trench is to be relocated adjacent to the feature wall located between RL 14.73 and RL 14.99.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

General engineering conditions

81.       (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.

 

82.       (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. 

 

83.       (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.

 

84.       (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.

 

85.       (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.

 

86.       (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.

 

87.       (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’.

 

88.       (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.

 

89.       (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.

 

90.       (V3) Car parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

91.       (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.

 

92.       (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism:

·     All impervious areas to drain to a dispersal system

·     An environmental pollution control pit is to be installed just prior to the connection to the dispersal 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

 

93.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 8015-C1.00 & C1.01, Revision A, dated September 2008 and as amended up to 12.9.08, prepared by Waddington Consulting Pty Ltd.

 

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.

 

94.       (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 Occupation 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.

 

95.       (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 

 

96.       (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 Occupation Certificate. 

 

97.       (D1) Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres of the proposed excavation.

 

The applicant shall:-

 

(a)  seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)  detail what measures are to be taken to protect those properties from undermining  during construction

(c)  provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties.

 

The above matters are to be completed and documentation submitted to the principle certifying authority prior to the issue of the Construction Certificate.

 

(d)  Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

Engineering condition to be complied with prior to commencement of construction

 

98.       (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 condition to be complied with prior to Occupation Certificate

99.       (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

Heritage listing for Tambourine Bay

3 Pages

 

 

 


Planning and Building Committee Meeting 16 March 2009

 

Environmental Services Division Report No. 5

 

 

 

 

 

Reference:    Environmental Services Division Report No. 5

Subject:          Delegated Authority Report - February 2009    

Record No:    SU1863 - 7196/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of February 2009 a total of 28 Development Applications were determined under delegation by staff and 2 by Council.  In addition 2 Construction Certificates and 11 Privately Certified Construction Certificates were issued.  There were no Complying Developments determined in February.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of development applications February 2009

4 Pages