Agenda of Ordinary Council

Ordinary Council Meeting 6 April 2009
Environmental Services Division Report No. 339

Reference: Environmental Services Division Report No. 339

Subject: 35 Innes Road, Greenwich

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on 06 April 2009.

Record No: DA08/186-01 - 28519/08

Author(s): Stan Raymont

Property: 35 Innes Road, Greenwich

DA No: D186/08

Date Lodged: 27.6.08

Cost of Work: $900,000

Owner : T.S. Huynh & V.V. Nguyen

Author: Stan Raymont

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Erection of a part two and part three storey dwelling house
ZONE	2(a1)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 1a
STOP THE CLOCK USED	Yes from 11.8.08 to 2.12.08
NOTIFICATION	Neighbours 31, 33, 37 Innes Road; 12, 14, 16, 18 Crowther Avenue; 20, 23 Valleyview Crescent Ward Councillors East Ward Progress Association Greenwich Community Association Inc. Other Interest Groups -

REASON FOR REFERRAL:

Called to the Planning and Building Committee by the Mayor, Councillor Longbottom.

EXECUTIVE SUMMARY:

· The proposal is for the erection of a part 2 part 3 storey dwelling house on a site which has a partly constructed dwelling house existing. The proposal seeks to use parts of the existing structure.

· The existing building works on the site were approved in 1999. The building work commenced but was never completed. Some of the building work erected on the site is contrary to the original approval.

· The site is a difficult site that falls steeply from the street and has numerous trees.

· Five letters objecting to the proposal have been received. The objections may be summarised as follows:

§ Questioning the status of the original consent (B143/98).

§ The size and scale of development

§ Excessive height, including uppermost ceiling height, number of storeys and four storey elevation when viewed from the rear

§ Inappropriate construction materials

§ Tree removal

§ Landscaping

§ Provision of a lift

§ Advise impact of lighting

§ Adverse impact on Hygrophoraceace Fungi

§ Loss of solar access

§ Loss of privacy

§ Inadequate setbacks to boundaries.

· The proposal does not fully comply with the provisions of the Dwelling House Code. The variations sought are in relation to the eastern side boundary setback for a stair (variation: 81mm), maximum ceiling height (variation: 2.2m) number of storeys (variation: a section is part 3 storey), cut and fill (variation: 900mm) and width of balconies (variation: some balconies up to 9.25m wide).

· The proposal is recommended for approval subject to conditions.

SITE:

The site has an area of 850.7m² and is located on the northern side of Innes Road opposite the intersection with Valleyview Crescent. The site falls very steeply, approximately 17m, from Innes Road down to the rear of the site. There are numerous trees on the site and the site is vacant with the exception of concrete slabs and brick walls from a previously approved dwelling house. To the west of the site is a part two/part three storey detached dwelling house (37 Innes Road) and to the east is a two storey residential flat building (33 Innes Road). The northern boundary of the site directly adjoins properties occupied by dwelling houses extending from Crowther Avenue. Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL:

The proposal is to carry out some demolition of existing walls and slabs and erection of a four bedroom, part two/ part three storey dwelling house.

The proposed dwelling house consists of various levels as follows:

Bed 2 – RL 44.1 (existing slab)

Master Bed Ensuite – RL 42.83 (existing slab)

Master Bed/Terrace – RL 42.34 (existing slab)

Bed 3/Rumpus/Bath – RL 46.9

Family/Kitchen/Laundry – RL 45.5

Living/Dining/Foyer/Terrace – RL 48.475

Bed 4/bath – RL 49.7

Garage/Terrace – RL 51.625

A lift is also proposed in the building.

The lowest level of the proposed dwelling house (rear) sits on reinforced concrete piers with a maximum height of 4.25m. The external walls are of rendered brick with a painted finish. The exterior walls to the stairwell are proposed to be of smart rock (or similar) in sandstone. The construction is reinforced concrete floor and roof slabs with large roof terraces at two levels, with the exception that the upper most roof and the stairwell are colourbond metal decking.

PREVIOUS APPROVALS/HISTORY:

1 March 1999- Approval for a part two/ part three storey dwelling house (BA98/143).

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (850.7m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.5:1	0.5:1	yes
Soft Landscaped Area (min)	Approximately 54%	35%	yes
Side Boundary Setback (min)	Stair to roof terrace on east side 1419mm	1500mm	no
Overall Height (m) (max)	9.5m	9.5m	yes
Ceiling Height (m) (max)	9.2m	7.0m	no
No of Storeys	Small section part 3 storey	2	no
Building Line (max)	Walls of dwelling 7.5m	7.5m	yes
Foreshore Building Line (min)	n/a	n/a	n/a
Cut and Fill (max)	1.9m	1m	no
Deck/Balcony width (max)	9.25m	3m (if elevated by >1m)	no
Solar Access (min)	3 hours to north elevation	3 hours to north elevation	yes
BASIX Certificate	BASIX Certificate	BASIX Certificate	yes

REFERRALS:

Development Engineer

No objection was raised; draft conditions of consent have been provided and are included in the recommendation in this report.

Bushland Manager and Tree Assessment Officer

The comments of the Bushland Manager and the Tree Preservation Officer were requested in relation to the proposal. The land is adjacent to land zoned Bushland 6(b) therefore DCP 1 and SEPP 19 apply.

The proposal would not impact in terms of stormwater runoff, however as a precaution, the applicant is to install 2 x 10,000l rainwater tanks to minimise runoff.

The proposal would require the removal of a number of trees from the site. This has been addressed by the arborist and a bushland plan of a management has been prepared by the applicant addressing the control of noxious weeds, as well as a species schedule for replanting on the site.

The trees to be removed have been agreed to by the Bushland Manager and must be replaced with locally indigenous tree species. A number of trees must be retained in the development and these have been included in draft conditions of consent.

There are no Aboriginal Heritage issues regarding this development proposal.

Draft conditions of consent have been provided, which are included in the recommendation in this report. The Bushland Managers referral is attached (AT3).

Rural Fire Service

The site is located in land identified as “Bushfire Vegetation Buffer zone”. The NSW Rural Fire Service has not objected to the proposal, and has provided conditions in relation to Asset Protection in the event that the application is approved. The NSW Rural fire Service would require that the entire site be managed as an inner protection zone if the Council wish to approve the proposal. Draft conditions have been included in the recommendation in this report.

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

The proposal is permissible within the 2(a1) zoning under the Lane Cove LEP with Council’s consent.

DRAFT LANE COVE LEP

Draft LEP – Under the draft LEP the site is zoned “R2 Low Density Residential”. “Dwelling houses” are permissible in the zone and the proposal satisfies the objectives of the zone.

The draft LEP establishes a maximum building height of 9.5m and a maximum FSR of 0.5:1 for development in the R2 zone. The proposal complies with the draft LEP requirements.

Other Planning Instruments

SEPP No.55 – Contaminated Land – Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the current use of the site as vacant land and the use of the adjoining sites for residential uses would substantially reduce the possibilities of contamination. Accordingly, there is considered to be no contamination issue given the circumstances of the case.

APPLICABLE REGULATIONS

Environmental Planning and Assessment Regulation 2000

The proposal involves demolition of walls and part of the existing slab. Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-1991): The Demolition of Structures, as in force July 1993. This matter has been addressed by a draft condition of consent.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

1. Side Boundary Setback

The stair to the terrace on the eastern side comes to within 1419mm of the side boundary. Whilst minor (-81mm), it would appear reasonable that the new development should comply with this side boundary setback.

2. Uppermost Ceiling Height

Whilst the maximum overall height complies with the 9.5m code requirement, the dwelling house follows the fall of the land down the site and the maximum uppermost ceiling height is 9.2m. Given the steep topography of the site, the fact that the dwelling house is being built off the existing approved floor slabs and this factor does not adversely impact on the amenity of the adjoining sites, the maximum ceiling height as proposed is considered satisfactory.

3. Number of Storeys

The building proposed is part 2 and part 3 storey. The Code restriction is 2 storey. The small area of non-compliance is a result of the steep topography of the site and the applicant building off the approved building platforms for the previous part 2/ part 3 storey dwelling house. On balance, the variation is considered satisfactory as it responds to the site conditions and does not adversely impact on the adjoining properties or streetscape.

When viewed from the north (rear) the proposed dwelling house which steps down the site, has a “flat” elevation appearance of four storeys. This elevation is not however reflective of the height of the building and its articulation. Whilst the proposal exceeds the maximum of two storeys specified in the code, the proposed dwelling house follows the steep slope of the land, the maximum height does not exceed 9.5m and the west elevation as proposed, is considered satisfactory.

4. Building Line

The walls of the dwelling house comply with the 7.5m building line requirement. However, there is a terrace and a set of access stairs located on the western side of the dwelling house. The terrace is at a low level and the terrace and stairs are considered satisfactory and would not adversely impact on the adjoining properties or the streetscape. A 1.8m high solid privacy screen is suggested to be provided along the western side of this terrace to provide privacy for 37 Innes Road.

5. Cut

There is a maximum cut of 1.9m proposed near the southern (front) boundary under the garage to provide the “Living room and bedroom 4” level of the dwelling house. This exceeds the Code requirement by 900mm. Whilst exceeding the maximum cut of 1m, the cut is small for such a steep site and does not impact on the adjoining sites or streetscape.

6. Deck/Balcony Widths

The following decks are proposed:

· terrace 3.227m wide at the rear of the master bedroom/bedroom on 2 level.

· a terrace with a maximum width of 5.23m at the rear of the family level;

· a terrace 4.67m wide by 5.5m long on the eastern side of the family/rumpus room level;

· a terrace on the western side at the front of the building with a maximum width of 4.7m and a minimum width of 2.4m off the rumpus room.

· a terrace varying between a minimum of 6.08m and a maximum of 9.25m in width at the rear of the living and bed 4 level.

The terraces total approximately 195sqm in area, or 23% of the overall site area.

The potential impact of each of the proposed eastern and western elevation windows and each of the terraces is considered below:

· Terrace (RL 48.475) – the terrace is largely orientated towards the north-east and is located at least 3 metres further to the rear of the site than each of the adjacent dwelling houses. The terrace is also more than 7 metres lower than the windows to the east.

· Rumpus terrace (RL 46.9) – although the level of the proposed terrace is similar to the existing deck at 37 Innes Road and also the windows on the eastern elevation of 37 Innes Road; as the proposed terrace is separated from the deck/windows by an existing garage, vegetation and a minimum separation of 5 metres, it is considered unlikely that the proposed terrace would have an adverse impact on privacy.

· Window of Bed 3 – the window is located further to the rear of the adjacent dwelling and is orientated north-west

Notwithstanding the above, to ameliorate the perception of loss of privacy it is suggested that a condition of consent be included which requires the provision of a privacy screen along the western side of the rumpus terrace.

· Family room terraces to the north and east (RL 45.5) – both terraces are located at least 2m further to the rear than 33 Innes Road and are also significantly lower than the window of 33 Innes Road.

With regard to the relationship of the northern portion of the proposed terrace on 37 Innes Road, the exposed portion of the terrace is located a minimum of 10 metres past the dwelling house and approximately 14 metres from the dwelling house.

· Family room glass sliding doors (RL 45.5) – these doors are orientated north-east and are located approximately 8 metres further towards the rear than 33 Innes Road.

· Master bedroom terrace and window (RL 42.34) – the level of the proposed master bedroom terrace and windows are significantly lower and further to the rear than the windows of either of the adjacent dwelling houses.

The subject site is difficult to develop as it has a fall of approximately 17m to the rear. The design of the dwelling house has large concrete slabs forming several roof terraces. Council’s policy is not to approve elevated decks wider than 3m if privacy is an issue. In this case, the terraces form the roofs of the levels below, so it is not possible to simply delete them. As indicated previously there is approximately 195sqm of terraces on the site. These terraces effectively form the only flat outdoor space on the site.

Having regard to the above, it is considered that the terrace off the living/dining room at RL 48.475 (upper terrace) should be reduced to a maximum of 3m usable width. Given the limited available flat outdoor space, it is suggested that the terrace off the family room at RL 45.5 be permitted to remain, and a privacy screen be required along its western edge, with a 1m return where it adjoins the north western corner of the family room. This terrace is screened from 37 Innes Road by the stair well of the proposed dwelling house.

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

Five submissions were received in response to the notification of the development application. The issues raised in the submissions can be summarised as follows.

1. Status of the original consent (B143/98)

Comment

The consent has been activated and remains operable. The proposal seeks to incorporate some of the work already erected on the site pursuant to this approval.

2. Size and Scale of Development:

· Disrupts a significant amount of bushland much further down the slope than the adjoining developments.

· Disruption of the bushland view shall adversely affect their outlook and cause a loss of value.

· Footprint of the proposed dwelling and location on site is completely inconsistent with the existing development on adjoining blocks.

Comment

In terms of bulk and scale, the proposal complies with the Dwelling House Code’s floor space ratio, overall height limit and the setbacks from the side boundaries with one very minor exception.

The development on the adjoining blocks varies with 33 Innes Road being a brick residential flat building with a pitched roof which is two storeys above Innes Road level, 37 Innes Road being a part two/ part three storey dwelling house below road level with a carport at road level.

Council’s Bushland Manager has assessed the impact on the vegetation on the site, and has provided conditions of consent. His specific comments are contained in this report and can be read in relation to this matter.

The development of the site impacts on the existing situation, on what is essentially an undeveloped site. The conditions provided require the replacement of any tree removed. There has been no evidence that the proposal would result is a loss of property value as a result of it being built and this is not a consideration.

The construction as proposed is considered to be satisfactory on this difficult site.

3. Height:

· Exceeds 7m uppermost ceiling height limit.

· Western and northern elevations indicate a four storey elevation.

Comment

The proposal complies with the Code’s overall building height. The proposal exceeds the 7m maximum ceiling height in a number of places, with the worst case exceeding by 2.2m. Whilst this is in excess of the 7m maximum, having regard to the site conditions, the use of the existing slabs and the design of this dwelling house following the fall of the site; the variation is considered satisfactory.

The proposed dwelling house would also have a small section of three storeys and a “flat” elevation of four storeys when viewed from the north (rear). This elevation is misleading as it does not allow the viewer to appreciate the articulation and stepping of the building over the levels towards the front boundary.

4. Construction Materials:

· The proposed design involves construction of a series of large, thick, horizontal concrete slabs (for roofs and balconies) stepped up the slope of the block which intrudes on the bushland aspect – not sympathetic.

Comment

The proposed dwelling house has reinforced concrete floor slabs supported at the rear on reinforced concrete columns, exterior walls are rendered brick with paint finish. The exterior walls to the stairwell and entry are to be Smart Rock (or similar) in sandstone colour. The roof to the dwelling house is to be a combination of colourbond metal decking (Jasper in colour – which is a mid range tan/ brown colour) and terraces covered with tiles of a sandstone colour. All windows have aluminium frames. The roof to the stair running down the dwelling house is proposed to be of colourbond metal decking.

The construction as proposed is considered satisfactory on this difficult site.

It should be noted that the approved Building Application has reinforced concrete floor slabs and terraces supported on reinforced concrete columns. The roof followed the fall of the site and was of timber frame construction with metal deck roofing.

5. Large Roof Terraces:

· Some of the elevated terraces exceed 3m.

Comment

This is correct and an assessment in terms of the terraces is contained in this report. A condition is to be applied limiting the useable area of the upper main useable area of the roof terraces to no wider than 3m width to improve privacy to adjoining sites. It has been suggested in this report that the terrace off the family room be permitted to remain, so as to provide a flat outdoor space. A privacy screen on the edge of the terrace with 33 has been suggested by way of draft conditions.

6. Tree Removal:

· The removal of trees and other vegetation adversely affects the wildlife. This is a valuable ecosystem within a major city and also significantly contributes to the amenity and attraction of the area for residents.

Comment

The comments of the Tree Assessment Officer and the Bushland Manager were requested on the submissions and are as follows:

Trees designated for removal on the site shall not increase erosion on the site. The majority of excavation works have already been completed as part of the previous development and this included removal of trees. No erosion was observed as a result of the previous works during our recent site inspections. The current development application has minor excavation with works mainly concentrated at the front of the site.

This development shall impact on the vegetation on the site and a number of trees must be removed to accommodate the new dwelling. Given trees and bushland are a living, valuable, dynamic and renewable asset, remedial bushland works and replacement trees have been conditioned for this development application.

Concerns raised relating to protection of existing trees on the site is addressed in the conditions of consent. The protection of trees on site is to be the responsibility of the site arborist. All trees designated for retention are to be protected for the duration of the proposed development and protection measures must be to the satisfaction of Council’s Tree Assessment Officer.

Landscape issues have been addressed in the Bushland Plan of Management by Anne Clements & Associates dated 10 January 2006 and this Plan has been adopted as part of the consent conditions.

Stormwater collection was also raised as a concern. This too has been addressed as part of assessment of the DA.

7. Landscaping:

· Request that council require vegetation of the cleared areas with native plants consistent with the existing bushland.

Comment

There is approximately 54% of the site available for landscaping which is well in excess of Council’s 35% requirement.

The site is not affected by DCP 1. Landscape issues have been addressed in the Bushland Plan of Management by Anne Clements & Associates dated 10 January 2006 and this Plan has been adopted as part of the consent conditions. Also as part of this development, a bushland plan of management, along with a plant species list, has be included as an alternate to a landscape plan and has been agreed to by Council’s Bushland Manager.

8. Lift:

· The potential noise from the proposed lift may noticeably increase background noise levels, particularly if the drives etc are located at the top of the shaft. Noise has not been addressed in the SEE.

Comment

The lift is internal and is unlikely to affect background noise levels. A condition is proposed however to be applied should there be a noise nuisance created by the operation of the proposed lift.

9. Lighting:

· The 4 storey vertical glass surface area of the north side of the house, which faces us, is massive, approximately 180m². At night this shall cause a significant light pollution issue.

Comment

There would be an increase in light on the site, given the fact that the site is currently undeveloped. There remains considerable tree screening from the building to the neighbours to the rear. The rooms at the rear of the building include bedrooms, family and living/ dining rooms, but are all set back at varying distances from the rear boundary. The rear terraces assist in breaking up light from the building.

10. Adverse Impact on Hygrophoraceace Fungi:

· Concerned about reduced humidity levels on the hygrocybe with bush being replaced with a “concrete jungle”.

Comment

This matter was raised in the consideration of the original proposal for the site, at which time, the response from the State Forests of NSW dated 24 November 1998, advised:

“There is no evidence that the proposed new dwelling at 35 Innes Road, Greenwich, shall have a deleterious impact on the terrestrial macrofungal community of Gore Creek (Bushland Park and Osborn Park). I would recommend Council approval for the construction of the proposed dwelling.”

Furthermore, in relation to the Hygrocybe(ae) species, the Bushland Plan of Management prepared by Anne Clements and Associates, states that subject to the implementation of (her) recommendations, any potential threat to the Hygrocybeae species can be effectively managed.”

11. Loss of Light:

· Owner of 37 Innes Road has concerns that the proposed dwelling house is likely to cause a loss of sunlight to his property.

Comment

The solar access proposed complies with the requirements of Council’s Code for Dwellings. In relation to this site boundary, the building complies with setbacks and overall height.

12. Loss of Privacy:

The owner of 37 Innes Road comments:

· That any new development be set back further than 1.5 metres off the boundary.

· The Rumpus Terrace [RL 46.9] seems to have a profound affect on the Jungle Chalet [37.] This shall have an impact on privacy & destroy the ambience of the Art Room/glass space under the garage.

Comment

Privacy has been considered earlier in this assessment. The rumpus room terrace at RL 46.9 varies in height along the western boundary from a maximum of 2.5m to a minimum of 300mm above the adjoining ground level. This terrace off the rumpus room is mostly opposite the garage with the “art room” under. It is shown to be set back 1.5m from the western boundary. It is considered that a 1.8m high privacy screen should be provided along the western side of this terrace. The Tree Assessment Officer and the Bushland manager have also imposed a condition that screen planting is required along the western boundary of the site.

CONCLUSION

The site constraints, existing development and the potential impact on neighbouring properties have been assessed in accordance with the Department of Planning Guidelines in relation to Section 79C of the Environmental Planning and Assessment Act. The site is a difficult site to erect a dwelling house on, which is further affected by the partially built dwelling house on the site. Given the constraints of the site the dwelling house as proposed is considered a reasonable development of this site subject to the conditions in the recommendation.

RECOMMENDATION

Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 08/186 for the erection of a dwelling house on lot 42 DP 14522 and known as 35 Innes Road, Greenwich, subject to the following conditions:

1. (20) That the development be strictly in accordance with drawing numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19 dated May, 08 by mjb design and 060752-D01c, D02c dated August 2006 and as amended by the following conditions.

2. The useable area of the rectangular sections of the large roof terrace 6.08m wide at the rear of the living/dining room level (RL 48.475) being reduced to be no wider than 3m in each case by the use of balustrades and the access to the external stairs being only by 1m wide walkways bounded by balustrades. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3. The provision of a 1.8m high privacy screen along the western edge of the terrace off the family room. The privacy screen is to return 1m past the north western corner of the family room. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

4. A 1.8m high solid privacy screen being provided along the western side of the terrace at the front of the rumpus room. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

5. The stairwell on the eastern side to meet the 1500mm side boundary setback of the Dwelling House Code.

6. No noise nuisance being created by the operation of the proposed lift. If noise generated by the proposed lift operation results in offensive noise, Council may prohibit the use of the lift, under the provisions of the Protection of the Environment Operations Act, 1997.

7. To comply with the requirements of the NSW Rural Fire Service:

Asset Protection Zone

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities.

1. 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.

Design and Construction

2. 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.

a) New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire-prone areas’ Level 3.

b) No exposed timber is permitted on the northern, eastern and western elevations of the proposed dwelling.

c) Windows, including frames, shall have:

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

 the window assemblies protected by a complying bush fire shutter or:

Where window assemblies are not protected by a complying bush fire shutter –

 Window frames, window joinery and hardware shall be metal.

 Hardware fitted externally that supports the sash in its functions of opening and closing shall be metal.

 Glazing shall be toughened glass minimum 5mm.

 Seals to stiles, head and sills or thresholds shall be manufactured from materials having a Flammability Index no greater than 5.

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

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

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

10. (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.

11. (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.

12. (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.

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

14. (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.

15. (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.

16. (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath. Such balustrading is to have a minimum height of 1 metre. Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

17. (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

18. (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.

19. (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.

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

21. 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

i) Stormwater drainage lines prior to backfilling

k) Completion.

22. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

b) retaining walls;

c) footings;

d) reinforced concrete work;

e) structural steelwork;

g). roof construction.

23. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

24. (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.

25. (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.

26. 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.

27. (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.

28. (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.

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.

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

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

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

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

33. (130) Compliance with the Waste Management Plan approved under this application.

34. (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.

35. (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.

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

37. Adequate vehicular and pedestrian safety where necessary being provided to the sides of the suspended driveway by the provision of vehicular barriers/safety rails to Council’s satisfaction.

38. (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.

39. (316) The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree on Site or growing in the adjacent Bushland. The work must be undertaken by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

40. (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.

41. Trees to be retained shall be clearly identified by tagging exhibiting an identification number, the radius of the tree’s TPZ and what pruning shall be carried out on the subject tree. Trees to be removed on the approved plans shall be identified with yellow paint. Identification of trees shall be certified by Council’s Tree Assessment Officer. No site preparation / works including demolition shall take place until this certification has been obtained by the accredited Certifier and Council and PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

42. (343) The Arboricultural Recommendations set out in the Arborist Report prepared by Mark Hartley 28^th November 2008 must be followed at all stages of the development.

43. (344) All tree protection measures shall be to the discretion of the Site Arborist and as specified in the Arborist Report prepared by Mark Hartley 28^th November 2008.

44. (347) All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or 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 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 works including construction of the driveway crossing.

45. (354) Footing, trench, or excavation that is within 5 meters of any tree greater than 4meters in height including neighbouring trees, must be dug by hand.

46. The Site Arborist shall be on site during any excavation works within a radial distance of 5m from the trunk of any tree greater than 4m in height designated for retention on the site or standing in neighbouring properties. The Arborist shall supervise and recommend preventative measures that will avoid irreparable damage to the root system of any tree on or in close proximity to the site. A report must be submitted within 60 days of inspection to the Council’s Tree Assessment Officer, outlining the extent of the excavation and the impact upon the tree and if there was any damage to the root system along with remediation works.

47. The following trees on the site must be retained and protected for the duration of the proposed development. Trees numbered 3, 9, 10, 11, 12, 19, 22 and 23.

48. Remove trees numbered 2, 4, 5, 7, 8, 14, 15, N1 and N2.

49. The nine trees to be removed must be replaced. Locally indigenous tree species must be incorporated into the landscape on the site. Replacement trees must be supplied in a container size of not less than 25 Litre and established in an appropriate location on the site prior to issue of the Occupation Certificate.

50. (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.

51. (304) All street trees to be retained must be protected during the construction process.

52. (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.

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

54. (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.

55. (322) No access to the property is allowed via the adjoining easement, public open space or public bushland area.

56. The part B of the Bushland Plan of Management by Anne Clements & Associates dated 10 January 2006, excluding all references to tree management, must be adopted. All measures including weed control, as outlined in Table B1 of the report must be adhered to in full. The site must be managed for a minimum three (3) years as stated in the plan.

57. The plant species list included in a letter from Dr Anne Clements titled ‘Densities and locations for planting at 35 Innes Rd, Greenwich’ dated 14 November 2008 should be adopted and adhered to in full as part of this consent. It is required that all soft landscaped areas are only to be planted with species, and their recommended densities, as listed in the letter. If for any reason the applicant wished to change or modify the plant species list then they must first seek approval from Council’s Bushland Manager.

58. (381) Screen planting is required along the west boundary line. Only plant species from list provided in a letter from Dr Anne Clements titled ‘Densities and locations for planting at 35 Innes Rd, Greenwich’ dated 14 November 2008 are to be considered. 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 at least 4m tall. This includes adjoining the rumpus room terrace.

59. (307a) Any weeds within the subject allotment, 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.

60. All primary weed control and landscaping must be in place and completed PRIOR TO THE ISSUE OF THE OCUPATION CERTIFICATE

61. (361) Any trees damaged within the bushland area, above and/or below ground, located within and/or adjacent properties must be reported to Council immediately.

62. (362) All accidental / intentional damage to native vegetation behind the allotment including leaf litter, soil crust, or natural bedrock must be reported to the Councils Bushland Manager and/or Tree Assessment Officer.

63. (367) There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within the bushland area as indicated on the approved plan

64. (323) A 1.8 m high chain mesh fence shall be erected across the property between the building and the creek line. The fences must be setback from the creek line a minimum three (3) meters. 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 every second panel stating ‘DO NOT ENTER CREEK – 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 COUNCIL LAND 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.

65. (332) During construction / landscaping the designated environmental 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.

66. (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.

67. (334) Any clean up operation which involves disturbing the vegetation, leaf litter or soil crust, must be coordinated through Council’s Bushland Manager and the owners of the neighbouring property.

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

69. (368) There must not be any stockpiling of building materials or other materials or dumping of refuse within the approved tree protection zones of the trees shown on the approved landscape plan to be retained.

70. (369) There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the dripline of the tree(s) shown on the approved plan to be retained which do not have tree protection fencing.

71. (375) No soil, plant material, building rubble, goods, construction materials, garden refuse, old fencing, nails/fasteners, or any other matter may be deposited in any bushland area, not even momentarily.

General Engineering Conditions

72. 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.

73. Control of Stormwater Runoff. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to a discharge mechanism determined by Councils bushland manger. The design and construction of the drainage system is to fully comply with, AS3500 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.

74. Rainwater Reuse Tanks

The applicant is to install a rainwater reuse system with a minimum effective capacity of 10000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards the plumbing requirements are as follows.

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.

 Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

75. 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’.

76. 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.

77. Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

78. Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, on the private property, just prior to the stormwater connecting to the receiving system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

Engineering Conditions to be complied with Prior To Construction Certificate

79. Drainage Plans. The plans and supporting calculations of the proposed drainage system are to be submitted with the Construction Certificate application.

Stormwater details shall be prepared and certified by a Practising Charted Engineer. The design is fully comply with, AS3500 and Council's DCP Stormwater Management. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

80. 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.

81. Excavation greater than 1m

Where there are structures on adjoining properties including all council infrastructures, located within five metres of the proposed excavation.

The applicant shall:-

(a) seek independent advice from an 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

(d) Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. 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 practicing engineer.

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.

The above matters are to be completed and documentation submitted to Council PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

All recommendations of the Geotechnical 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.

82. Footpath Damage Bond. The applicant shall lodge with Council a $1000 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the Construction Certificate.

83. Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

84. 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. The proposed crossing is to be completed prior to the issue of the occupational certificate.

85. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM ‘Fourth Edition 2004, Volume 1’. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and

Sediment Control Plan:

 Location and design criteria of erosion and sediment control structures,

 Site access point/s and means of limiting material leaving the site

 Means of diversion of uncontaminated upper catchment around disturbed areas

 Procedures for maintenance of erosion and sediment controls

 Details and procedures for dust control.

Engineering Conditions to be complied with Prior to Commencement of Construction

86. Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved.

87. Works on Council Property. Separate application shall be made to Council's Urban Services Division for approval to complete, to Council's standards and specifications, any associated works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

88. Public Utility Relocation. If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.

89. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices prior to any disturbance of the existing site. The devices are to be installed in accordance with an approved plan. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

Engineering condition to be complied with Prior to Occupation Certificate

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

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

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

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

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

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	2 Pages
AT‑2 View	Notification Plan	1 Page
AT‑3 View	Conditions of Consent from Tim Matheson	6 Pages

Ordinary Council Meeting 6 April 2009
Open Space and Urban Services Division Report No. 13

Reference: Open Space and Urban Services Division Report No. 13

Subject: Lane Cove Bicycle Plan

Record No: SU1330 - 9481/09

Author(s): Nick Karahlis

Executive Summary

The draft Lane Cove Bicycle Plan provides strategic direction for bicycles, whilst considering Council’s other policies and plans. The draft Bicycle Plan sets out strategies and actions for further developing the bicycle network in Lane Cove. The Draft Bicycle Plan has been worked to its current format following discussions at various workshops, discussions with the Lane Cove Bicycle Committee Meeting and referred to Council’s meetings where the draft Bicycle Plan was recommended for public consultation.

The Draft Bicycle Plan has been exhibited as per Council’s recommendation and 10 submissions were received from various stakeholders and individuals. The Stakeholders included, the Lane Cove Bicycle Committee members, Lane Cove Alive, Lane Cove Bushland Management Advisory Group, The Riverview Association, Bike North and North Shore Bicycle Group. In relation to specific comments raised in the submissions, the majority of these comments have been raised during the workshops and previous Council Meetings when the Draft Bike Plan was considered.

It is recommended that the exhibited draft Bicycle Plan be approved by Council and staged implementation be carried out subject to funds available.

Background

Council considered the draft Bicycle Plan at its meeting of 17 November 2008 and held a Council workshop on 8 December 2008, to discuss the possible impacts of some proposed bicycle facilities on bushland. The Draft Bicycle Plan, prepared by Jamieson Foley & Associates, in conjunction with Sustainable Transport Consultants and GTA Consultants was amended to account for discussions at the workshop and at Council’s meeting on 15 December 2008 it was resolved that:-

1. Council adopts the Draft Bicycle Plan, dated 8 August 2008, and as amended for the purposes of public exhibition subject to the deletion of the section on Page 32 regarding Community Trails

2. The Draft Bicycle Plan be placed on public exhibition for 60 days and community consultation take place in accordance with the Consultation Strategy outlined in the report.

3. A further report is submitted to Council following the exhibition period to consider the final Bicycle Plan for adoption.

The draft Lane Cove Bicycle Plan was subsequently placed on public exhibition from the 14^th of January to the 6^th of March 2009.

Discussion

The Draft Bicycle Plan has been exhibited as per Council’s recommendation and 11 submissions were received. Most submissions support the draft Bicycle Plan. In addition to individual submissions received, there were also detailed submissions provided by various stakeholders, such as the Lane Cove Bicycle Committee members, Lane Cove Alive, Lane Cove Bushland Management Advisory Group, The Riverview Association, Bike North and North Shore Bicycle Group. A copy of all submissions received have been circulated separately to Councillor’s for their information.

All submissions except one supported strongly the draft Bicycle Plan and Council’s initiative to produce the draft document. One of the submissions expressed concern mainly around the “local connections” and specifically the proposed connection at the reserve behind Moore Street mainly due to “privacy reasons” and another Resident objected to the plan due to the stated concern that trees may need to be removed due to the construction of bike paths.

In summary the key submissions of the various stakeholders along with the main issues raised, are discussed below:-

Bike North

· Fully supports the Bike Plan and states that once adopted this plan will bring Lane Cove area in line with its neighbouring areas of Willoughby, North Sydney an Ryde, which have adopted bicycle plans;

· Strongly urges Council to take a proactive approach towards designing and implementing this bike plan within less than ten years. Also urge Council to include cycling and other sustainable transport in the new developments;

· Is keen to work collaboratively with Lane Cove and other formally constituted groups to finalise the plan; and

· Suggested that bicycle policies be reflected in the Council’s Planning instruments.

Lane Cove Alive

· Manage any loss of vegetation in the provision of wider pathways;

· Undertake research into e-bikes – electronic bicycles at the Plaza;

· Provision of signage re shared pedestrian zones in the Plaza with cyclists slowing down for pedestrians. There are examples in Australia (Cairns);

· Supports increased bicycle use in the Village to encourage Sustainable Transport Strategies;

· Consideration should be given to all road and footpath users;

· The Lane Cove Bicycle Plan to be considered in future projects; and

· Supports joint programs with Schools and safety initiatives.

North Shore Bicycle Group

· Consideration is required to upgrading the bike access to the shopping centre from all directions;

· Issues related to the Pacific Highway bicycle access at some locations;

· Problems associated with accessing Northwood, Longueville and Riverview peninsulas from Lane Cove to Osborne Park by;-

a) restoring the former bridge connecting the two Richardson Streets (East and West),

b) using the higher access to the golf course from River Road and

c) using the disused bowling club area on Longueville Road, across the fairway, then proceeding east;

· Lack of cycling link to Hunters Hill;

· Pedestrian and cyclist access under the Pacific Highway (western side) that should be restored;

· Christie Lane should be created as a shared zone to improve safety for pedestrians and cyclists;

· A northbound contra-flow should be provided on Christie Street between the above laneway and the Pacific Highway;

· The existing signposted bike route linking central Lane Cove with Greenwich and Wollstonecraft is the only non-main roadway o riding through to North Sydney;

· Lane Cove Plaza could provide legal cycle access through the use of specially coloured paving as they do in central and northern European countries; and

· A graded facility should be provided along the North Shore Railway corridor.

Lane Cove Bushland Management Advisory Committee

· Was concerned about safety issues on bicycle routes, i.e. safety of pedestrians on shared paths;

· Opposed to positioning two dead end cycle routes on shared paths terminating at the ends of Dettmann Ave and Karingal Road in the opposite sides of Warraroon Reserve. This provides an invitation to use the connecting bush path through Warraroon Reserve as a bicycle thoroughfare;

· The draft Bicycle Plan does not mention how the Bicycle Plan would impact the footpaths and consequent impacts on the local amenity or natural environment;

· The Bushland Plan of Management does not permit the construction of bicycle tracks or pathways in bushland reserves. One of the key principles must be an explicit exclusion of bushland for bike path construction;

· The construction of cycle paths that involves the removal of trees, or potential damage to trees or there route zones detracts substantially from sustainability outcomes and that the construction of bicycle routes must not be at the expense of existing mature trees in our streetscapes and parks; and

· All key local access routes that focus on schools and shops should be off road.

Greenwich Community Association

· The association strongly supports Council’s move to develop a comprehensive plan for bicycle traffic. This timing provides an ideal opportunity for Council to incorporate provisions for cycling and walking in the Development Control Plan;

· Concern about the proposed 10 year timeframe for implementation of the plan. A 3-5 year timeframe is more appropriate in order to address immediate as well as long term needs;

· The Association urges Council to preserve unique sections of the bushland in particular cycle routes along Karingal Road, Tambourine Bay Road and Dettman Ave at the edge of Warraroon Reserve. Cyclists may damage this highly significant bushland area; and

· Funding sources require to be identified, such as the Sustainability Levy.

Other Comments from Individuals

Some other comments received from individuals are listed below:-

a) Moore Street Resident

· Concern over the “local connections” specifically regarding the one that is proposed to go through the cul-de-sac at Moore Street. Cancel the connection at Moore Street; and

· Privacy issue over families and children living in Moore Street.

b) Gordon Crescent Resident

· Support for the Bicycle Plan;

· The Lane Cove Bicycle Plan responds to the needs for safe and attractive cycling routes and also provides benefits to healthy lifestyle and exercise; and

· Advocates of the Bicycle Plan and those concerned about impacts on the bushland can achieve results taking into account all interests.

c) Johnston Street Resident

· Council is to be commended for commissioning this study;

· The route along Dettmann Ave ending at Warraroon Reserve is clear invitation for cyclists to continue through bushland; and

· The Bicycle Plan does not indicate the required paths for bicycles. Many street trees will need to be removed.

d) Owner of Renegade Cycles (Past President of Bicycles NSW)

· I commend the Council for developing the Plan. It is a comprehensive document and shows that Lane Cove is committed to increasing cycling;

· The Title of the Plan should be changes to Cycling Plan as the plan aims to increase cycling activity;

· No reference is made to the Lane Cove Bicycle Committee as it has a vitally important role in providing advice to Council. The Committee’s involvement should be acknowledged in the plan;

· The Burns Bay Rd- Fig Tree St – Barwon St – Moore St route and the Hallam Ave – Banksia Close - Mars Rd – Sirius Rd – Sam Johnson Way should be upgraded to regional routes;

· A local on-road connection to the end of Coonah Pde would provide vastly better access to the College than the dangerous grade of Riverview Street;

· The Shared path on the southbound side of Pottery Green is not shown;

· Crowther Ave should be added as an on-road local bicycle route instead of Ronald Ave to Innes Road;

· The Present bicycle route in Greenwich Peninsula is Greenwich Road – Manns Ave – George Street. This should be retained; and

· The climbfrom Longuevillle Wharf is more easily achieved via Mary Street. To Kenneth Street. Similar retain Stuart Street as the safer south –east option and add Mary Street as the better northwest – bound option.

e) Hinkler Street Resident

· The Bike North bike committee have endeavoured to communicate with all

interested parties, particularly the Lane Cove Bushland Society;

· It is very disappointing to learn that some members of the Lane Cove

Bushland Society refuse to consider any bike route proposal that may pass

through any kind of bushland. They have therefore rejected the bike plan outright;

· The draft Bicycle Plan has been developed over a number of years and

carefully compiled so to be sensitive to the local environment and habitat; and

· Cycling is becoming more and more popular and I believe with an increase in

safe cycle paths cycling will continue to grow in the future.

Assessment of Submissions Received

The assessment of the submissions received has been undertaken by Council’s Officers taking into consideration some of these issues were raised previously during workshops and prior to the draft Bicycle Report being referred to Council.

The submissions that have been reviewed were based on the Draft Bicycle Plan document which was amended at Council’s meeting on 15 December 2008 following a Council workshop on 8 December 2008 and the final Draft Bicycle Plan reflected on these changes. The amended report deleted any pathway that impacted on Bushland and also sections of the report that dealt with Community trails. In some of the latest submissions received there are still concerns raised in some submissions about the potential impact on bushland or reserves. The draft Bicycle Plan placed on public exhibition does not include any bicycle paths that impact on Council’s Bushland or reserve areas.

Other comments that have been included and are general comments such as the benefits of cycling, the general issues that apply to all cyclists, irrespective of the location that they cycle, have been noted. Some of the general comments included the need to provide off-street bicycle paths in most areas. This has been considered in conjunction with RTA’ bicycle guidelines, where there are indicators and guides related to when a bicycle path can be implemented on-street and off-street. Some of the factors that Council will consider when determining where a bicycle path will be built, include the traffic volumes, the traffic speeds and other factors such as the geometry of the road. These factors have been considered in principle and the preparation of detail plans will specify treatments for certain locations/stretches of road. This means that some bicycle routes that are shown in the plan as off–street or on-street, may be changed subject to detail design and further investigation.

In relation to specific comments raised in the recent submissions, it should be noted that the majority of these comments were raised during the two earlier workshops with stakeholders in June 2008, a workshop with Council in December 2008 and during the two previous Council Meetings when the Draft Bicycle Plan was tabled for Council’s consideration. It is understood that when the final Draft Bicycle Plan was prepared by Jamieson Foley & Associates, in conjunction with Sustainable Transport Consultants and GTA Consultants for public exhibition, the comments from various stakeholders were extensively discussed, especially issues related to the potential impact of cycling in the Bushland areas.

It is considered that the majority of the comments received from stakeholders and individuals have been workshopped, and therefore there is no need to amend the proposed draft Plan in relation to these comments. Some specific issues related to reversing the bicycle flow in some streets or retaining the existing bicycle paths such as the area around the Longueville Wharf can easily be incorporated without requiring changes to the Bicycle Plan. The proposal by the Renegade Cycle proprietor to change some paths from Local to Regional would require further discussion with the RTA and the Lane Cove Bicycle Committee. In relation to the proposal by the same person to provide a better bicycle access to the College via Coonah Parade can be further explored.

The following specific points raised by the North Shore Bicycle Group will be further investigated as some deal with issues within the RTA’s jurisdiction:-

· Problems associated with accessing Northwood, Longueville and Riverview peninsulas from Lane Cove to Osborne Park by;-

a) restoring the former bridge connecting the two Richardson Streets (East and West),

b) using the higher access to the golf course from River Road and

c) using the disused bowling club area on Longueville Road, across the fairway, then proceeding east;

· Lack of cycling link to Hunters Hill;

· Pedestrian and cyclist access under the Pacific Highway (western side) that should be restored;

· Christie Lane should be created as a shared zone to improve safety for pedestrians and cyclists;

· A northbound contra-flow should be provided on Christie Street between the above laneway and the Pacific Highway ;

· The existing signposted bike route linking central Lane Cove with Greenwich and Wollstonecraft is the only non-main roadway o riding through to North Sydney;

· Lane Cove Plaza could provide legal cycle access through the use of specially coloured paving as they do in central and northern European countries; and

· A graded facility should be provided along the North Shore Railway corridor.

Riverview Association requested that the Plan be implemented over a 3-5 year period instead of a 10 year timeframe. This is not considered practical, as the funding requirements are rather extensive and Council’s budget would be unable to accommodate the funds required to implement the identified bicycle paths in the shorter timeframe requested.

It is suggested that the Draft Bicycle Plan be approved in its current framework as it incorporates the most important strategic bicycle routes and provides a strategic guide for the staged implementation of the Lane Cove Bicycle Plan.

Community Consultation

The Bicycle Plan was advertised in the Local Newspapers, on Council Web page and through Council’s e-newsletters, from the 14^th of January 2009 to the 6^th of March 2009 providing adequate time for the public to comment. The Draft Bicycle Plan was also displayed at Council’s Administration Centre and the Lane Cove Library.

Before the Bicycle Plan was referred to Council it was drafted based on discussions held with stakeholder groups, including Lane Cove Bicycle Committee, Bicycle NSW, RTA, Council’s Traffic, Planning, Community Services areas and discussions with other interest groups. The Community Consultation has been undertaken in accordance with Council’s Communication Strategy. The comments received have been reviewed and evaluated to determine whether or not to proceed with or amend any of the draft strategies and actions of the draft Lane Cove Bicycle Plan.

Conclusion

The majority of submissions received regarding the draft Bicycle Plan during the exhibition period strongly supported the Draft Bicycle Plan at its current format. Various suggestions and proposals made by Stakeholders where discussed with the Consultants before the Bicycle Plan was exhibited at its current format. The majority of the comments received during the exhibition period have been raised during two workshops with Stakeholders in June 2008, a workshop with Council in December 2008, and during two previous Council Meetings on 17 November 2008 and 15 December 2008.

Some issues that have been raised by various submissions will be further considered during the detail design phase of each bicycle route. Various priorities which are included in the Bicycle Plan can be implemented in conjunction with other projects that are under way or proposed such as Local Area Traffic Management Schemes and footpath construction. Council at this stage has also applied to the RTA for funding for its local and regional routes. It is recommended that the exhibited draft Bicycle Plan be approved by Council and staged implementation be carried out subject to funds available.

RECOMMENDATION

That:-

1. The Lane Cove Bicycle Plan, dated April 2009, be adopted.

2. That Council write to, and thank, the stakeholders and individuals who provided submissions on the draft Lane Cove Bicycle Plan.

3. That funding be sought from various sources for the staged implementation of the Lane Cove Bicycle Plan over the next 10 years.

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 6 April 2009
Open Space and Urban Services Division Report No. 10

Reference: Open Space and Urban Services Division Report No. 10

Subject: Lane Cove West Parking Study

Record No: SU2444 - 7097/09

Author(s): Nick Karahlis

Executive Summary

Parking within the Lane Cove West Business Park was identified in the Maunsell’s Lane Cove Town Centre & Lane Cove West Traffic and Parking Study 2007 as an issue that required further investigation. Following the instigation of the additional parking study, Council has confirmed a lack of short-term, on-street visitor parking spaces for businesses in the Lane Cove West Business Park. The study identified Chaplin Drive as being the main area of the Business Park which has high demand for short-term, on-street parking restrictions.

As a result of the findings of the study, it is recommended that parking restrictions be introduced in Mars Road near Chaplin Drive to address the need for short term (visitor) parking requirements. Following the implementation of the parking restrictions, it is proposed that further monitoring occur over the next 12 months, to determine whether any refinements are required to the extent and timing of the parking restrictions. In addition to this, it is proposed that the local businesses be encouraged, where possible, to provide additional off-street visitor parking spaces with directional signage.

Background

Following a number of complaints from visitors to the Lane Cove West Business Park, Council instigated a parking study conducted by Maunsell Traffic Consultants. Maunsell’s report identified a disparity between the supply and demand of the on- and off-street parking. In simple terms the on-street parking was identified to be at capacity and the off-street parking was underutilised.

The survey area was defined as:-

· Sirius Road

· Mars Road

· Lincoln Street

· Woodcock Place (private road)

· Apollo Place

· Chaplin Drive

· Orion Sam Johnson Way

Due to the potential impact on the areas adjoining the study area the survey area was extended to include the area immediately to the east of the Lane Cove West Business Park.

This area was defined as:-

· Avalon Avenue

· Banksia Street between Cullen Street and Cul-de-sac.

· Wood Street between Banksia Street and Lloyd Rees Drive

The perceived reasons identified by Maunsell’s for the significant on-street parking demand within the Business Park were:

1. The majority of employees/employers use motor vehicles as transportation to the Business Park because:-

a. There is limited access to Public Transport

b. The only public transport to the Business Park is buses.

2. Majority of on-street parking is occupied by employees/employers:-

a. Convenience of parking on-street

i. Employees/employers don’t take up parking in designated off-street parking areas:

1. Ease of parking and access/egress to place of employment

2. Potential of damage to vehicle

3. Possible charges by employers

b. Lack of off-street parking for employees of some businesses due to:

i. Regulations within the company to restrict employees parking due to financial issues.

ii. Insufficient off-street parking of some businesses.

3. Off-street visitor parking spaces.

a. Inadequate number of spaces for types of business

b. Non-existent or inadequate directional/informative signage

c. Visitor parking used by employees/employers

4. Change in business type requiring additional visitor parking spaces.

Discussion

From the background data gathered, a brief was prepared for the follow-up “Lane Cove West Business Park – Parking Study”. Peter Cassilles, a consultant engineer with over 30 years local government experience in traffic related matters, was engaged to assist Council’s Traffic Manager in undertaking this study.

This brief for the study identified the following objectives:-

a. To identify, quantify and analyse the existing supply and demand of parking around the Lane Cove West Business Park area.

b. The approaches required to be adopted regarding:-

i. Managing the supply of spaces and

ii. Managing the demand of spaces.

c. To provide strategies that will improve the short-term parking supply

d. To examine the potential of parking charges, such as parking meters and/or specific charges for spaces

e. Identify and quantify the impact of the parking on the surrounding road network resulting from proposed measures and impact to the surrounding residential areas

Other factors that were considered in undertaking this study included:-

1. Current DCP Parking Requirements for Businesses

The current parking requirements for the businesses in Lane Cove West Business Park are:

(i) 1 space per 40 m²for office area

(ii) 1 space per 80 m²for factory/warehouse area

2. Future Parking Requirements for Businesses

The proposed LEP identifies the land use and businesses permitted in the in Lane Cove West Business Park are similar to the current developments with the exception of permitting café and food outlets. This type of development will not increase the long term vehicle parking demand as it is intended the cafes be integrated with the current and proposed developments to give an even spread of outlets. Also given the restricted access to the Lane Cove West Business Park the vast majority of customers to the cafes will be from the Business Park. The short term parking demand may increase at peak times. However this parking demand should be addressed in the DCP for this type of business. That is the appropriate amount of off street parking should be provided.

A negative affect on on-street parking is the potential to decrease the availability of parking spaces around lunch time. This is due to those workers currently seeking food and refreshments from areas outside the business park having an option, in the future, to source these needs without the need to use their cars.

3. Parking Surveys

In order to confirm and enhance the information from the study the following surveys were undertaken:

· Parking on- and off-street.

· Business owners

These results of these surveys are included as Attachment 1.

4. Business Owner/Occupant Surveys

Approximately 380 surveys were distributed to the businesses within the Lane Cove West Business Park in the week commencing 4 August, 2008. The business owners were requested to provide information relating to their business before 15 August, 2008. The results of the surveys are included as Attachment 2.

5. Public Transport

The bus routes are as follows:-

1. Route 251 – City to Mars Rd, Lane Cove West

a. City to Lane Cove

i. No. of AM services – 5 (6.25am – 8.22am)

ii. No. of PM services – 4 (3.22pm – 4.53pm)

b. Lane Cove to City

i. No. of AM services – 1 (9.00am)

ii. No. of PM services – 4 ( 4.05pm – 5.35pm)

2. Route 258 – Chatswood Station to Mars Rd, Lane Cove West

a. Chatswood to Lane Cove

i. No. of AM services – 1 (8.00am)

ii. No. of PM services – 0

b. Lane Cove to Chatswood

i. No. of AM services – 0

ii. No. of PM services – 1 (5.05pm)

Based on the business survey the current patronage of public transport is approximately 15% of all employees/employers in the Lane Cove West Business Park – approximately 336/day (this figure is based on the total average number of vehicles surveyed within the business area, on- and off-street (299 and 1609 respectively) equating to 85% of the employees). This figure appears high and needs to be checked with State Transit surveys.

The potential for increased patronage of public transport by increasing bus frequency needs to be assessed against the needs of the patrons (origin of journey, time of journey, demands of patrons, level of service) and in conjunction with State Transit’s standards. For this purpose Council emphasised that point in its submission to State Transit’s latest bus review for the area.

There is also a free shuttle bus service, The Village Xpress, which services the Lane Cove West Business Park. This service was introduced between the hours of 11.20 am and 2.00 pm to provide an alternate means of transportation for workers in the Business Park during lunch times. The business park currently has little alternatives for food outlets/personal business transactions, and as such workers within the park travel to Lane Cove Town Centre to undertake these tasks. Council is currently undertaking a feasibility study related to the current and future operation of the Village Express Shuttle Bus.

6. Additional Business Owner/Occupant Survey

Approximately 90 surveys were distributed to the businesses within Chaplin Drive in the Lane Cove West Business Park in the week commencing 3 November, 2008. The business owners were requested to provide information relating to their business before 21 November, 2008. The information requested included:-

· Name and type of business

· If they were in favour of parking restrictions

§ If Yes - number of spaces and preferred time restrictions

§ If No - reason

· If they required off-street parking spaces

§ If Yes – number of spaces

· If they had spare off-street parking spaces

§ If Yes – number of spaces

The highlights of the survey were as follows:

· Approximately 90 surveys were delivered to businesses

· 33% response rate (30 businesses)

· 9 businesses (30%) were in favour of parking restrictions

· 20 businesses (67%) were against parking restrictions

· 1 business (4%) was ambivalent

· Businesses supporting parking restrictions requested 11 parking spaces with the time restriction being 1 – 2 hrs

· Reasons given against parking restrictions were:

o Inadequate off-street parking

o Staff use on-street parking

o Parking code inadequate to provide sufficient spaces

o Council should provide additional parking

o Parking restrictions are revenue raising/tax by Council

o No visitors to business

o Adequate on-site parking

Options Assessment

Following the identification of the type and extent of the Business Park parking problems, an assessment and determination of the options available to Council to improve the situation had to be made. The impact of the options, real and perceived, was part of this process. Each option and finally combinations of options was assessed, identifying the perceived benefits and detriments.

The option of Do Nothing was included as a comparison to the current bench mark. The determination of the number of persons affected by the lack of on-street parking, the extent of this impact and the impact of an alternative option to increase the availability of on-street parking for visitors to the Business Park were all assessed. In addition, the funding required to implement the options needed to be assessed and compared to the current situation.

Managing the Supply of Short-Term Parking

1. Parking Restrictions

a. Parking meters and enforcement

b. Parking signs and enforcement

Benefits

· Increase in short term parking spaces

· Increased revenue to Council

· Improved Level of Service for visitors to Business Park

Detriments

· Complaints from current patrons of on-street parking regarding cost, relocation of parking, difficulty in finding parking.

· Negative publicity

· Capital and Maintenance costs installation of signage/meters, maintaining signage/meters and enforcement.

2. Increase provision of visitor parking off-street

It would appear that visitors to the Business Park mainly fall into the categories of:

· Business Associates

· Retail Customers

3. Improved accessibility and directional signage for off-street visitor parking

Similar to 2 this option would be relatively easy to introduce with little resource input from Council.

4. Entice employees to park their cars off-street rather than on-street.

There may be a number of factors which would prevent this option the most significant being the limit on off-street parking.

5. Encourage business owners to trade spaces.

Those with a surplus of spaces could trade them with those with a deficit. Whilst this option has merits there are obvious cost, implementation and operational issues which would impact on its introduction on a broad scale basis.

Managing the Demand for On-Street Car Spaces

Increase supply of alternate modes of transport:-

a. Carpooling

b. Increase Public transport frequency/destination

c. Cycling

The implementation of these initiatives may have limited benefit without a large input of Council resources. Whilst carpooling and cycling have merit the implementation of such initiatives need to be implemented on a broad scale basis i.e. Council wide or even in conjunction with adjoining Councils.

Potential Impacts on Adjoining Residential Area

The introduction of parking restrictions within the business area will have an impact on the immediate residential area available for on-street parking. The current on-street parking surveys indicate the current parking restrictions in the adjoining residential area are managing the concerns of the residents with an average occupancy rate of 12.5%, excluding afternoon school pick up. Having regard to the current availability of on-street parking spaces within the Business Park (89% occupancy) it is anticipated there may be an initial slight increase in cars associated with the business area parking in the adjoining residential area , however it is not anticipated the adjoining residential area will be impacted detrimentally in the long term. This will be dependent upon the extent of parking restrictions implemented and the frequency of enforcement.

Community Consultation

The consultation has been taking place as part of the study. The recommendation has been taking into account the following parking surveys and consultation that has taken place as part of the parking study.

1^st Business Owners Survey

Approximately 380 surveys were distributed to the businesses within the Lane Cove West Business Park in the week commencing 4 August, 2008. The business owners were requested to provide information relating to their business before 15 August, 2008. A further survey was undertaken in Chaplin Drive to determine the extent, acceptance and potential of the proposed parking restrictions.

2^nd Business Owners Survey

Conclusion

Having regard to the detail surveys and consultation undertaken with the business operators in the Lane Cove Business Park, it became clear that the concentration of concerns and complaints for short-term visitor parking were from the Chaplin Drive sub area of the Business Park. For that purpose, it is recommended that some short-term parking restrictions be implemented in Chaplin Drive to meet the visitor parking demand for the adjoining businesses.

In addition to Council introducing time restricted on-street parking, businesses should be encouraged to provide, where possible, additional visitor off-street parking with directional signage from the street frontage. The time restricted on-street parking proposed for Chaplin Drive should be reviewed with further survey work over the ensuing twelve (12) months, to refine the area and timing of the restrictions.

Finally, it is considered appropriate that Council lobby the State Government to extend the bus services that operate in the Lane Cove West Business Park to encourage workers and visitors to utilise these services over individual motor vehicle usage.

RECOMMENDATION

That:-

1. Four (4), 2P, 8.30am-6pm, Monday to Friday, on-street parking spaces be installed in Mars Road, east of Chaplin Drive.

2. Following the implementation of the parking restrictions, further survey work be undertaken over the ensuing 12 months, to determine whether any further changes are required to the extent and timing of the parking restrictions.

3. The businesses be encouraged, where possible, to provide additional off-street visitor parking spaces with directional signage.

4. Further investigations be conducted by Council with respect to the standard and level of State Government public transport to the Lane Cove West Business Park.

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Lane Cove West Business Park - Parking Surveys	1 Page
AT‑2 View	Lane Cove West Business Park - Owner/Occupier Survey	1 Page

Ordinary Council Meeting 6 April 2009
Environmental Services Division Report No. 62

Reference: Environmental Services Division Report No. 62

Subject: 139A Longueville Road, Lane Cove

Record No: DA08/361-01 - 7405/09

Author(s): Michael Mason

Property: 139A Longueville Road, Lane Cove.

DA No: D361/08

Date Lodged: 17 December 2008

Cost of Work: $4.25 million

Owner : Lane Cove Council

Author: LandPartners Limited (Brad Roeleven, Senior Planner)

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Fit-out and use of the Lane Cove Library building as approved in conjunction with the Lane Cove Market Square complex
ZONE	Under Lane Cove Local Environmental Plan 1987 the subject land is zoned Part 3(a) Business General, Part 5(a) Special Uses and Part unzoned road.
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	Yes
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 9b
STOP THE CLOCK USED	No
NOTIFICATION	Neighbours 158-180, 127-143 Longueville Road; 6-10 Burns Bay Road; 1 and 2 Austin Street Ward Councillors All Councillors Other Interest Groups RASAD, Lane Cove Alive

REASON FOR REFERRAL:

This matter is referred to Council as the application relates to a public building owned and operated by Council, and noting also the on-going community interest in the Lane Cove Market Square redevelopment, of which this enlarged library facility is a key component.

1. EXECUTIVE SUMMARY:

This report considers a proposal to fit-out and use the expanded Lane Cove Library facility as previously approved by Council in its consideration of Development Application 246/04 (DA 246/04) for the Lane Cove Market Square complex (LCMS). The LCMS is located on land generally described as the Austin Street car park, the former Clancy’s supermarket and adjacent commercial site, the current Lane Cove Library and a residential property at 7 Austin Street, Lane Cove.

Given that the Library site is owned by Council, and consistent with prior applications relating to the LCMS, an independent assessment of this application has been completed, including the preparation of this report.

The assessment process undertaken by LandPartners Limited reflects the matters for consideration in the assessment of any development application as identified in the Environmental Planning and Assessment Act. This process is principally focused on considering how a proposal responds to relevant legislative provisions, regulatory controls or policies of both the state government and Council, and the ‘merits’ of the proposal. Such investigations also include consultation with a range of groups, technical experts and the community.

The structure of this report maintains a format familiar to Councillors. In general terms this report:

· Provides a description of the site and surrounds.

· Outlines the scope of works for which consent is sought.

· Summarises prior applications over the development site.

· Notes the results of internal and external referrals.

· Identifies the relevant planning controls and polices to be considered in the assessment.

· Assesses the application for compliance with those planning controls and policies.

· Considers the likely impacts of the development.

· Discusses the suitability of the site for this development.

· Outlines the results of the public consultation process.

· Draws a conclusion on the proposal.

· Provides a recommendation for the consideration of Council.

This report recommends approval of this application subject to draft conditions.

2. SITE:

2.1 Description

The Lane Cove Library is located on the western side of Longueville Road, Lane Cove, at the intersection with Austin Street. Prior to approval of DA246/04, the Library consisted of the original two storey brick and tile building constructed in 1924, plus a contemporary rear addition constructed in 1976.

Demolition of the 1976 addition has recently been completed to facilitate implementation of the LCMS redevelopment, which incorporates a significant expansion to the Library building.

The legal description of land the subject of this application is Lots 2 and 3, DP 1087674.

2.2 Location and Context

The Library site is located within the Lane Cove CBD, which is a discreet and contained local centre extending in a linear format along both the Longueville and Burns Bay Road ridgelines. Within this context, the development site is positioned to the southern boundary of the Centre in the transition zone between the village’s core commercial strip and the surrounding residential and institutional precinct.

As noted, the Library is a key element of the LCMS complex, the site of which originally comprised 27 allotments in private and public ownership, as well as an unzoned road. When consolidated, the LCMS land forms an irregular development site with frontages to Lane Cove Plaza, Longueville Road and Austin Street. In general terms, the LCMS is described as comprising Council’s Austin Street car park, the former Clancy’s supermarket and an adjacent commercial site, Lane Cove Library and a residential property at 7 Austin Street, Lane Cove.

2.3 Relationship with the Surrounding Area

The relationship of the Library site with its neighbours is summarised below:

· North of the site is the core of the Lane Cove CBD.

· East of the site across Longueville Road is a mix of commercial and community facilities.

· West of the site is the balance of the LCMS site, which abuts residential development.

· Austin Street is located immediately to the south of the Library. Opposite the Library, across Austin Street, is Lane Cove Public School which also has frontage to Longueville Road.

Development around the intersection of Longueville Road and Austin Street, including the current Library, marks the southern edge of the Lane Cove CBD. Site Plan and Notification Plan attached (AT1 and AT2).

3. BACKGROUND:

The background to this application is directly linked to DA 246/04 for the LCMS approved by Council at its meeting on 20 December 2004. The scope of works approved under that application comprised the demolition of all structures over the site, excepting the original 1924 Lane Cove Library building, and the construction of the LCMS, a mixed use development containing:

· A 3 level car park.

· A supermarket and associated administration area.

· Specialty retail and mall linking the Lane Cove Plaza with Longueville Road.

· A 2,549m² extension to the existing Lane Cove Public Library.

· 10 residential apartments over 2 levels set above the retail ground level.

· A new Link Road along the western boundary of the site, between Austin and Sera Streets providing access to the new multi level car park.

· Signage and landscaping.

Various modifications to that consent were subsequently granted by Council at meetings on 18 April 2005, 17 October 2005 and 3 December 2007.

An appeal to the Land and Environment Court challenging the validity of Council’s approval of DA 246/04 was dismissed in August 2005. A subsequent appeal of that Judgment, to the Supreme Court, lead to the original consent being suspended while Council considered a separate development application for the construction of a new drop-off lane in Austin Street for Lane Cove Public School. That application was approved by Council at its meeting of 17 July 2006, following which the Land and Environment Court re-granted consent to DA 246/04.

The upper level residential apartments of the LCMS were subsequently replaced by a gymnasium via Development Application 272/07 approved on 17 December 2007.

4. PROPOSAL:

Lodgement of this application fulfils Condition 11 of the approval granted to DA 246/04 which requires the submission of a separate development application for the fit-out and use of the expanded library building. The minor external works nominated in this application do not fundamentally alter the shell of the library building as approved under DA 246/04.

A summary of the scope of works and key elements for which approval is sought is set out below:

Demolition	· Removal of the existing external ramp and stair on the eastern elevation. · Removal of various internal stairs, walls, and partitioning.
Lower Ground Floor	· Additional excavation to increase size of the storage area by about 117m². · Fit-out for service, storage, delivery and waste holding areas, service lift.
Ground Floor	· Fit-out for main foyer, general library areas, administration, training rooms, meeting rooms, and amenities.
First Floor	· Fit-out for staff room and associated amenities, terrace, plant room.
Roof level	· New deck for housing mechanical equipment. · Various minor modifications to design of plant room including increase in height to a section of the roof along the northern edge of the plant room. · Installation of solar hot water collectors and photo voltaic panels.
Materials	· Internal walls – glazing, plasterboard, glass blocks, timber panelling. · Ceilings – plasterboard and suspended acoustic tiles. · Floors – carpet tiles, sheet vinyl and ceramic tiles.
Services	Air conditioning, solar hot water systems, fire detection systems, fire sprinklers, lighting, power and data reticulation and a direct drive lift.
Security	PIR detectors, CCTV system and card access facilities.
Hours of operation	Weekdays 9am – 9pm. Weekends 9am- 4pm.

This application is supported by the following documentation:

· A Statement of Environmental Effects and Heritage Impact Statement

· Access Audit and Access Management Plan

· ESD Opportunities Report

· Acoustic Report

· Fire Engineering Report

· Schedule of Essential Fire Services

· Waste Management Plan

These documents will be referenced as necessary within this report.

5. REFERRALS:

5.1 Building Surveyor

No objections raised. Draft conditions (Nos. 22-27) are provided for inclusion in any consent notice if the application is approved.

5.2 Development Engineer

No objections raised. Draft conditions (Nos. 28-34) are provided for inclusion in any consent notice if the application is approved.

5.3 Heritage Advisor

Full details of the assessment by Council’s Heritage Advisor are provided at section 8.7. In summary however no issues of concern have been identified.

6. APPLICABLE PLANNING CONTROLS AND POLICIES

The following legislation, planning instruments, codes and policies are relevant in the assessment of this application:

· Environmental Planning and Assessment Act 1979

· State Environmental Planning Policy 55 – Remediation of Land

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

· Lane Cove Local Environmental Plan 1987

· Draft Lane Cove Local Environmental Plan 2008

· Lane Cove Business Zones Development Control Plan

· Lane Cove Development Control Plan 4 – Site Waste Management and Minimisation

· Lane Cove Development Control Plan 5 – Access and Mobility

7. COMPLIANCE WITH PLANNING CONTROLS AND POLICIES

7.1 Environmental Planning and Assessment Act 1979

Section 79C of this Act identifies the matters that a consent authority is to take into consideration when determining a development application. In summary those matters are:

· The provisions of any environmental planning instrument, draft instrument, development control plan, planning agreement or the Regulations that apply to the land to which the development application relates

· The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

· The suitability of the site for the development,

· Any submissions made in accordance with this Act or the regulations,

· The public interest.

The relevant matters under Section 79C of the Act are addressed at sections 7-11 of this report.

7.2 Environmental Planning and Assessment Regulation 2000

The application includes the demolition of minor elements of the existing building to accommodate the new fit-out. Consistent with these Regulations, Council is required to take into consideration the provisions of AS 2601 Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia. This matter is addressed in the recommendation to this report (Draft condition No.16).

7.3 State Environmental Planning Policy 55 – Remediation of Land

This Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. This Policy is relevant to this application as it requires that a consent authority must not consent to the carrying out of any development on land unless:

(a) It has considered whether the land is contaminated, and

(b) If the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

This issue was investigated in conjunction with the assessment of DA 246/04 and was found to be satisfactory. It is reasonable to rely upon those same investigations and conclusions for this matter given the relationship between these two applications.

7.4 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The Plan covers the area of Sydney Harbour, including Parramatta River and its tributaries and the Lane Cove River. Its provisions consequently apply to all of the Lane Cove local government area. The aim of the Plan is to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways by establishing planning principles and controls for the catchment as a whole. This application does not create any circumstances that would be inconsistent with this Plan.

7.5 Lane Cove Local Environmental Plan 1987

7.5.1 Permissibility

The permissibility of the expanded library building was established in conjunction with the assessment and approval of DA 246/04 for the LCMS.

7.5.2 Aims and Objectives of the Plan

Clause 2 of the LEP provides that the general aims of this plan are to:

(a) preserve and where appropriate improve the existing character and environmental quality of the land to which it applies in accordance with the indicated expectations of the community, and

(b) integrate previous planning controls in one comprehensive document.

The particular aims of this plan in relation to conservation are to:

(i) protect, maintain and effectively manage natural bushland areas,

(ii) control all new buildings, extensions and alterations to ensure their compatibility with existing environmental character, and

(iii) preserve river foreshores, which are in natural or partially natural condition, from change due to new development.

The particular aims of this plan in relation to community facilities are to:

provide for the range and types of community facilities which meet the needs of the residents of the Municipality and the users of the community services.

The assessment has not identified any circumstance to indicate this proposal would be inconsistent with these objectives.

7.5.3 Zone Objectives

Clause 9(3) of the LEP provides that consent shall not be granted to development unless Council is of the opinion that the proposal is consistent with the objectives of the zone within which the development is to be located.

The objectives of the 3(a) Business General zone are to:

Preserve the existing village character of the Lane Cove Shopping Centre so as to ensure that this centre retains its role of “local centre” in the hierarchy of lower North Shore retailing and to permit development for the purpose of offices that conform with the village character

The objectives of the 5(a) Special Uses zone are to:

Identify the need for and to provide for adequate and efficient utility services and community facilities.

The assessment has not identified any circumstances to indicate this proposal would be inconsistent with these objectives.

7.5.4 Relevant Provisions

The remaining provisions within LEP 1987 relevant to the consideration of this matter are addressed in the following table:

Clause	Requirement	Proposal	Complies
Clause 14 Demolition	Consent required.	Demolition of minor internal and external elements of the existing library building forms part of this application.	Yes
Clause 18A Protection of heritage items, conservation areas and relics.	Consent is required to alter a heritage item. Consideration is to be given to the effect of such works on the significance of the item or conservation area.	Lane Cove library is a listed heritage item. Refer to comments at section 8.7 of this report.	Yes
Clause 18B Notice of certain heritage development applications	Public notification is required for applications proposing to use a heritage building or land, or to demolish, deface or damage a heritage item or a building, work, relic, tree or place within a heritage conservation area.	Notification has been completed in accordance with the requirements of this clause.	Yes
Clause 18E Development on land adjoining heritage items	Council must consider the effect of a development on the heritage significance of a heritage item and on its setting when considering an application to carry out development on adjoining land.	See comments at section.8.7 of this report.	Yes
Clause 19F Development of certain land - Nos 1- 7 Austin St 19F(2)(a)	Building line setback of 5m from Austin St frontage for buildings other than CBD housing to provide widened footpath and landscape strip of at least 2m.	This application does not alter the shell of the expanded library facility approved with DA 246/04, other than for minor changes noted at section 4 above. Approved setbacks remain unaltered.	Yes
19F(2)(b)	A 10m setback to western boundary required for non-residential buildings to provide 2 way driveway, footpath and landscaping to facilitate access between Council Lane and Austin St.	As above.	Yes
19F(2)(c)	A 10m setback required from the eastern boundary for non-residential buildings to provide 2 way driveway, footpath and landscaping for access from Austin Street to rear of the properties at the eastern end of Council Lane.	As above.	Yes
19F(2)(d)	CBD housing is to be setback 10, 15 and 15m respectively from Austin St, the eastern and western boundaries.	Not applicable.	Not applicable
19F(2)(e)	The roof of CBD housing is to have a pitched form compatible with Library building.	As above.	Not applicable
19F(2)(f)	The ceiling of CBD housing is not to exceed highest ceiling line of Library.	As above.	Not applicable
19F(2)(g)	One principal retail/commercial storey is to provide at grade public access to The Plaza and public access by lifts and other suitable means to car parking areas.	As above.	Not applicable
19F(2)(h)	An internal marked passageway to provide safe, direct public access at all times between The Plaza and Austin Street.	As above.	Not applicable
19F(2)(i)	A safe pick up and set down area is to be provided at Austin St end of any car park with pedestrian access connecting to Austin Street.	As above.	Not applicable

7.6 Draft Lane Cove Local Environmental Plan 2008

This Draft Plan has been publicly exhibited and adopted by Council, and is with the Department of Planning for gazettal, at which time it will repeal and replace Lane Cove LEP 1987. Under this new Plan the subject site would be zoned ‘B2 Local Centre’. The library would be defined as a ‘community facility’ which is permissible within that zone, and the site would remain as a heritage item. This application is considered to be consistent with the provisions of Draft Lane Cove Local Environmental Plan 2008.

7.7 Lane Cove Business Zones Development Control Plan

This DCP applies to all new buildings, new additions and alterations to existing buildings. Its provisions cover a broad range of matters being:

Design and Use Residential Components

Arcades Height

Setbacks Floor Space Ratio

Parking and Loading facilities Toilet facilities

Heritage Energy Efficiency

Access and Mobility Waste Collection

Signage Site specific controls for land in Birdwood Avenue

Section 94 contributions

These controls primarily relate to built form and external impacts/considerations and are therefore not directly relevant to the assessment of this proposal.

In terms of this application issues of toilet facilities, heritage, access and mobility, energy efficiency and waste management are relevant. These matters are addressed at various sections of this report.

To the extent that the provision of this DCP can be applied to this proposal, this application is satisfactory for the purposes of this Plan.

7.8 Lane Cove Development Control Plan 4 – Site Waste Management and Minimisation

The aim of the Plan is to reduce the demand for waste disposal and provide an on-going control for waste to require source separation and other design and location standards, which complement waste collection and management services offered by Council and the private service providers.

Accompanying this application is:

· A Waste Management Form providing details on arrangements for the management of building wastes associated with the fit-out of the library building.

· An Operational Waste Management Plan outlining measures for the storage, separation and collection of waste once the Library has commenced from the building.

This information is satisfactory and appropriate draft conditions addressing these matters are included in the recommendation to this report (draft Conditions 9 and 14).

It is noted that waste management associated with the construction of the new library is addressed through the approval granted to DA 246/04 for the LCMS.

7.9 Lane Cove Development Control Plan 5 – Access and Mobility

The aim of the Plan is to provide guidelines for access to, and within, buildings and public spaces to ensure that all people including those people with disabilities are able to enjoy full and independent participation in community life.

Accompanying this application is an Access Audit prepared by Independent Living Centre NSW, which addresses the requirements of a range of relevant legislative and policy provisions.

That report has analysed public and staff areas across each level of the building and has not identified any issue that would require modification or redesign of the fit-out. It is therefore concluded that the proposal is consistent with requirements of this DCP.

It is noted that this assessment is limited only to those areas within the library building, as all aspects relating to external access were considered in conjunction with the assessment of DA 246/04 for the LCMS.

7.10 Planning Agreements

There are no planning agreements, pursuant to sections 93F-L of the Environmental Planning and Assessment Act, relevant to the consideration of this proposal.

8. THE LIKELY IMPACTS OF THE PROPOSED DEVELOPMENT

The following subheadings reflect guidelines issued by the Department of Planning to assist in the consideration of the likely impacts of a proposed development.

8.1 Context and Setting

The fit-out and use of the library raises no issues of concern with regard to these considerations.

8.2 Access, Transport and Traffic

These issues were considered in conjunction with DA 246/04 for the LCMS. The fit-out and use of the library as now proposed does not create any circumstance which alters the conclusions reached in the assessment of that earlier application.

Completion of the fit-out will generate some traffic (e.g. contractors, delivery vehicles etc) which would need to be managed. The level of traffic would be much less than that generated by construction of the overall LCMS complex, which would be largely completed by the time the fit-out of the library could commence. Opportunities are therefore available for vehicles associated with the library fit-out to utilize onsite parking areas for workers, deliveries and materials storage and the like. This matter is addressed by draft condition 12.

8.3 Pedestrian Access (mobility)

Refer to section 7.9 above.

8.4 Pedestrian Safety

The question of pedestrian safety was considered in detail in conjunction with the assessment of DA 246/04 for the LCMS. This proposal can only proceed in conjunction with the LCMS complex, the approval for which includes various pedestrian safety management measures.

It is noted that this proposal is essentially for internal works, and that the level of traffic likely to be associated with the fit-out would be much less than that generated by construction of the overall LCMS complex. Further, the LCMS would be largely complete by the time the fit-out of the library could commence.

Nevertheless, the location of the Library and the nature of surrounding landuses warrant appropriate measures to manage pedestrian safety in proximity to the site. This issue is therefore addressed by draft conditions 11, 12, 29 and 31.

8.5 Public Domain

This proposal can only proceed in conjunction with the implementation of DA 246/04. This application does not alter the public domain outcomes achieved by DA 246/04.

8.6 Utilities

The provision of services to the library building was resolved in conjunction with DA 246/04. No further augmentation of utility services is anticipated.

8.7 Heritage

The library building is a listed heritage item under Lane Cove Local Environmental Plan 1987. There are numerous other items of heritage, both built and landscape elements, in proximity to this site.

The suitability of the substantial additions to Lane Cove Library nominated with DA 246/04, with regard to the values of the original library building itself as well as nearby heritage items, was considered in detail as part of the assessment of that earlier application and found to be satisfactory. This current application for the fit-out of the new library shell does not alter the form of the approved enlarged library building, and accordingly the outcomes of that earlier assessment remain valid.

Notwithstanding the above, Lane Cove LEP 1987 requires this application to also be assessed with regard to potential impacts upon the heritage listed library building, and any neighbouring heritage items. The proposal is therefore supported by a Heritage Impact Statement (HIS), prepared by Stephenson and Turner International Pty Ltd. The analysis within the Statement addresses the following matters:

· Existing built and landscape heritage elements

· Historical and physical analysis

· Consideration of the significance of the building and heritage items in the vicinity of the site

· Identification and assessment of potential heritage impacts

· Consistency with relevant heritage planning considerations

· The need, if any, for alternative solutions or mitigative measures

The conclusion from the HIS is repeated below:

“The proposed use and fit out of the existing building for a library respects the significant characteristics of the existing building. It will continue its role as a library and reinforce its aesthetic contribution to the Longueville Road streetscape and the town centre generally. When assessed in accordance with the heritage provisions of the Lane Cove LEP and relevant DCP, it is our opinion that the proposed development will not substantively affect the significance of the item or its setting, or heritage items in the vicinity. Accordingly we submit that the proposed development will have an acceptable heritage impact.”

A review of the proposal and the HIS was completed by Council’s Heritage Advisor who has provided the following comments:

“According to the Heritage Impact Statement by Stephensen and Turner, the original 1924 Lane Cove Library has high cultural significance for its external form and scale and external finishes, original proportions and openings. The Lane Cove Library also makes a major contribution to the streetscape of Longueville Road and the Lane Cove town centre. It has historical significance for its continuous use as a civic structure since 1924 as a Town Hall and Council Chambers, and since 1962 as the Lane Cove Public Library. Elements of the building graded as low or moderate significance include the 1976 alterations and additions, 1970’s landscaping and internal fit out of the building.

The proposed interior alterations and fit out will impact on exterior fabric to a minimal extent, limited to the 1976 and later rear wings of the building and will have no impact on significant fabric of the original structure or streetscape. The work will be confined to the interior of Levels 1, 2 and 3, affecting interior fabric of low significance.

A number of heritage items are located in the vicinity of the Library which “...provide evidence of the development of the townscape of Lane Cove and...make a contribution to the streetscape of Longueville Road”. The proposed interior fit out has no impact on any heritage items in the vicinity.

I consider that the proposed development would not adversely affect the heritage significance or setting of the heritage item or heritage items in the vicinity. I therefore have no objection to this development.”

The above analysis indicates this proposal is acceptable when assessed against relevant heritage provisions.

8.8 Water

No issues of concern arise having regard to the scope and nature of the proposed works. The issue of the use of a non-potable water supply is discussed at section 8.13 below.

8.9 Soils

This issue is relevant to the extent of the minor excavation proposed at basement level to increase the quantity of storage space. Council’s Development Engineer has provided appropriate draft conditions for these works.

8.10 Air and Microclimate

The potential for the air quality of the locality to be affected as a consequence of construction is limited given the scope and nature of the works.

8.11 Flora and Fauna

No issues of concern arise having regard to the scope and nature of the proposed works.

8.12 Waste

See comments at section 8.7 above.

8.13 Energy and Sustainability.

The Building Code of Australia (BCA) requires all buildings to achieve efficient use of energy, the minimum requirements for which are defined in Section J of that Code. These requirements prescribe minimum performance levels to ensure good practice outcomes. It is noted however the BCA assesses only energy efficiency and no other ESD indicators, such as water conservation.

Notwithstanding the above, this application was accompanied by an ESD Opportunities Report, prepared by Sustainable Built Environments Pty Ltd, which identifies various options to incorporate ESD measures into the fit-out, above and beyond the minimum mandatory requirements prescribed by the BCA.

The proponent has subsequently nominated the inclusion of the following ESD measures which would be included in the fit-out of the library. These measures are in addition to the minimum requirements under the BCA:

· The use of Low VOC (Volatile Organic Compounds) paints and composite wood products.

· The tiles are fully recyclable and would be attached to the floor using a tape system to avoid the use of adhesives and thus VOCs.

· Gas fired boilers would be used for the air conditioning.

· Solar hot water, with gas back up, would be used to supply all requirements for the whole building.

· Energy efficient lights would be used throughout the building. Movement sensors would be used in areas of less frequent use being the storerooms, toilets, staff meeting rooms and amenities, IT room and plant room. A lighting management system will be installed to ensure that all lighting is managed efficiently.

· Photo voltaic panels would be installed on the roof to assist in generating energy for the building. The applicant advises that exact number of solar panels will be determined subject to budget controls, however some panels will be installed immediately. Further panels would be provided as funding is made available.

· Electricity supply to the new building would be 100% ‘Green Power’.

· A Building Management System (BMS) would be installed to manage and achieve efficiencies in the operation of the heating, ventilation and cooling systems (HVAC).

· The use of low emissivity glazing where possible, to reduce heat transfer.

The applicant also advises of their intention for non-potable water (collected stormwater) to be used for all toilets within the library building. The non-potable water supply is to be provided from elsewhere within the LCMS complex. It is not clear whether that water supply is part of the approved stormwater management system for that complex, or whether further works are required. Should modification to the LCMS stormwater system prove necessary the non-potable water supply may not be able to be connected until the relevant approvals are obtained.

The ESD undertakings nominated by the applicant are sufficient to conclude that matters of energy and sustainability have been properly considered. (Draft condition 21.)

8.14 Noise and Vibration

Accompanying the application is a report prepared by Acoustic Logic Consultancy which considers the potential noise impact from the rooftop mechanical plant (air conditioning and chiller units) on the residential site nearest to the Library. The assessment was prepared with regard to criteria contained within the Industrial Noise Policy of the Department Environment and Climate Change.

The recommendation of that report is that no acoustical treatments are required to ensure that satisfactory noise levels are achieved provided that the mechanical plant is not operated between 10pm and 7am.

This conclusion is acceptable as it is confirmed that the Library would not be in operation during those hours. A draft condition addressing this matter is included in the recommendation to this report. (Condition 8).

During the course of assessment it became apparent that three air conditioning units are proposed to operate 24 hours a day. These units would serve the IT room, the Level 1 stack and the Local Studies room. A further acoustic report was therefore requested to address this issue. That report advised:

· The three units will be similar in size to domestic air conditioning condensers.

· Although the actual units had not been selected, noise emissions complying with acoustic criteria can be achieved through proper placement of these units, and if necessary, the use of noise screens.

· The need for, and the final design of, such screens should be undertaken once the condensers have been selected.

It is accepted that noise from these condensers can be managed as necessary to ensure no noise intrusion results from the operation of this equipment. This matter is also addressed by draft Condition 8. Management of noise from the ongoing operation of the library is addressed by draft Condition 18.

8.15 Natural Hazards

No natural hazards, such as subsidence, flooding, bushfire or the like, have been identified as affecting this site.

8.16 Technological Hazards

No issues of concern arise having regard to the scope and nature of the proposed works.

8.17 Safety, Security and Crime Prevention

No issues of relevance arise having regard to the scope and nature of the proposed works.

8.18 Social Impacts

No issues of concern arise having regard to the scope and nature of the proposed works.

8.19 Economic Impacts

No issues of concern arise having regard to the scope and nature of the proposed works.

8.20 Site Design and Internal Design

The adequacy of the internal configuration of the fit-out is best tested by consideration of:

· The requirements of the Building Code of Australia.

· The requirements of the Disability Discrimination Act and Australian Standard 1428.

· Heritage impacts.

All of these matters have been addressed within this report and no potentially adverse issue or concern has been identified.

The minor external works, and the increase in the size of the subfloor storage area, are satisfactory in terms of built form and heritage considerations.

8.21 Construction

No issues of concern arise having regard to the scope and nature of the proposed works.

It is appropriate however that works proceed in a manner consistent with the controls imposed on the construction of the LCMS complex, particularly with regard to nose control and the curfew period for heavy vehicles. These matters are addressed by draft Condition Nos. 11, 13, and 17.

8.22 Cumulative Impacts

No issue of concern arises having regard to the scope and nature of the proposed works.

9. THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

This proposal arises as a direct consequence of the redevelopment of the Library building approved under prior DA 246/04 for the LCMS complex. The fit-out of the Library building as proposed is consistent with that earlier application. Consequently no circumstance has been identified to indicate this proposal would not be suitable for the site or the locality.

10. PUBLIC SUBMISSIONS

The application was publicly advertised from 14 January 2009 until 13 February 2009 and was available for inspection at the Council Civic Centre and Lane Cove Library.

One submission was received, from Residents and Shopkeepers for Appropriate Development (RASAD). The issues raised are summarised and addressed below:

· We understand that the south door (next to the War Memorial) was to be available for school children to use as they came and went to the schools along Longueville Road. This seems to have been abandoned in this plan – Is it still to be used in that way ?

Comment

The basis for this concern is not clear as it appears a doorway within the ground floor (southern elevation) of the original Library building is provided. This matter is essentially an operational consideration.

· We expected the ESD Opportunities report would outline what is to be provided rather than stating opportunities available to comply with Council’s Sustainability Code. We wonder why various alternatives were not explored, or if they were, why they were not discussed in this document (various examples provided).

Comment

Refer to comments at section 8.13 above. This comment fails to recognise the purpose of the ESD Opportunities Report which sought to provide the applicant with environmental measures over and above the BCA standard.

11. THE PUBLIC INTEREST

No circumstances have been identified to suggest that this development is not in the public interest.

12. CONCLUSION

This report considers a proposal for the fit-out and use of the expanded Lane Cove Library building as approved in conjunction with Development Application 246/04 for the Lane Cove Market Square complex.

A comprehensive assessment of the development has been made against all of the applicable environmental planning provisions. The development has been found to be compliant in relation to all relevant planning controls, in terms of standards, underlying objectives and merit. It is therefore concluded that this proposal has properly responded to all relevant matters for consideration contained within section 79C of the Environmental Planning and Assessment Act, and the accompanying Regulation.

Accordingly the application is recommended for conditional approval.

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 361/08 for the fit out and use of the Lane Cove Library building at 139A Longueville Road Lane Cove, subject to the following conditions:

1. The proposal is to be completed strictly in accordance with the following drawings and supporting information received with the application, except as otherwise amended by this Notice:

Architectural Plans prepared by Stephensen and Turner International Pty Ltd:-

Drawing No.	Title	Date	Revision
A100	Cover sheet and location plan	17.12.08	B
A101	Level 2 – Library plan Level	17.12.08	E
A102	Level 1 and Level 3 Plan	17.12.08	D
A103	Roof Plan	20.3.09	A
A104	Level 2 – Library RCP	17.12.08	C
A201	Internal elevations	17.12.08	C
A202	Sections	17.12.08	C
A401	Wet Area detail	17.12.08	C

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

3. (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.

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

5. The opening hours for public access to the library are from 9.00am until 9.00pm weekdays, and 9.00am until 4.00pm weekends.

6. This consent does not authorise the erection of any signage on the building. A separate development application is to be submitted for the erection of signage on the building.

7. A copy of the Stephensen and Turner International Pty Ltd Heritage Impact Statement, dated 15 December 2008, shall be lodged with the Local Studies section of Lane Cove Library prior to the issue of any Occupation Certificate for this building.

8. The air conditioning condenser units serving the IT Room, Level 1 Stack and the Local Studies Room shall comply with applicable criteria within the DECC Industrial Noise Policy. Should noise screens be necessary the applicant shall obtain the relevant approval from Lane Cove Council, if required, and the Principal Certifying Authority prior to installation.

Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person demonstrating that:

(a) The operation of all mechanical plant and equipment satisfies the requirements of the DECC Industrial noise Policy; or

(b) Measures are in place to ensure that rooftop mechanical plant and equipment shall not operate between 10.00pm and 7.00am.

9. Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person, demonstrating compliance with the Operational Waste Management Plan, dated 15 December 2008, prepared by Lane Cove Council.

10. Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person, demonstrating that the building is consistent with the analysis within the Access Audit prepared by Independent Living Centre NSW dated 15 December 2008

11. All requirements relating to curfew periods for heavy vehicles established under Development Consent 246/04 shall continue to apply for the duration of the works approved by this Notice.

12. No loading or unloading of goods, materials, equipment or the like associated with the development, or the storage of any plant, equipment or materials, shall take place on Council’s road or footpaths without the prior approval of Council.

13. All requirements relating to the control of demolition and construction noise established under Development Consent 246/04 shall continue to apply for the duration of the works approved by this Notice.

14. A Waste Management Plan for the disposal of all waste materials from demolition and construction shall be submitted for approval prior to issuing of any Construction Certificate and commencement of works. Documentation detailing the destination of materials is required prior to the issue of any Construction Certificate. Submission of receipts may be requested upon completion of works.

15. (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.

16. All demolition works are to be conducted in accordance with the provisions of AS 2601-1991 “The Demolition of Structures”. All demolition and excavated material shall be disposed of in accordance with the approved Waste Management Plan.

17. Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received during any demolition and construction works, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during those works.

18. The use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA Industrial Noise Policy (January 2000).

19. The applicant to submit a letter from Energy Australia advising that services are available to the development, prior to issue of any Construction Certificate.

20. In order to achieve an improved level of safety and security for persons using the facility, the following works are required:

(a) Access to any undercroft of any stairwell shall be prevented through the installation of security bars, grills or the like.

(b) Building surfaces are to be made graffiti resistant.

Evidence of compliance with this condition shall be provided to the Principal Certifying Authority prior to the issue of the Final Occupation Certificate.

21. Full details of the ESD measures outlined in the letter from Lane Cove Council dated 23 March 2009 are to be provided to the Principal Certifying Authority for approval prior to the issue of any Construction Certificate.

Should the provision of the non-potable water supply system require separate approval for further works to the stormwater management system for the Lane Cove Market Square complex, evidence of that approval is to be provided to the Principal Certifying Authority prior to connection of the library building to that non-potable water supply.

Evidence of installation and/or completion of all ESD commitments, prepared by a suitably qualified person, shall be provided to the Principal Certifying Authority prior to the issue of the Final Occupation Certificate.

Health and Building conditions

22. Submit a fire safety report from a suitably qualified fire safety consulting engineer of the BCA complying report from a person with the appropriate level of certification detailing all non-compliances with the current requirements of Sections C, D, E, G and I of the Building Code of Australia. The report will need to rationalise the non-compliance and clearly recommend in the conclusion all works required to be completed at 139a Longueville Road. The report will also need to provide a schedule of existing and proposed essential fire safety measures for both existing and proposed buildings prior to the issuing of the occupation certificate.

However, an alternative solution complying with the Building Code of Australia would be favourably considered.

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

24. (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

25. 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.

26. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

27. (70) Protection of the library concrete slabs against subterranean termites must be carried out in accordance with AS.3660.

General Engineering Conditions

28. (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.

29. (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’.

30. (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.

Engineering Conditions to be complied with prior to Construction Certificate

31. (V7) Pedestrian Management Plan 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’. A Pedestrian Management Plan shall be submitted and approved by Council prior to the issue of the construction certificate. This Plan shall detail the works on site and their progressive impacts on pedestrians, along with measures to continually and safely provide for pedestrian demands.

32. (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.

33. (C1) Erosion and Sediment Control Plan: 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

34. (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.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	1 Page
AT‑2 View	Neighbour Notification Plan	1 Page

Ordinary Council Meeting 6 April 2009
Environmental Services Division Report No. 6

Reference: Environmental Services Division Report No. 6

Subject: 4 Church Street, Greenwich

Record No: DA08/249 - 9845/09

Author(s): Michael Mason

Reason for Referral

This matter is referred to Council for determination following the breakdown of a mediation process.

Background

Council at its meeting of 2 March 2009 resolved on the motion of Councillors Longbottom and Tudge that:-

1. Council conduct mediation between the applicant and the objectors.

2. After mediation a report be returned to Council.

Report

Mediation was undertaken between the owner and objectors on Tuesday 10 March and Wednesday 18 March 2009.

Unfortunately, mediation failed to resolve outstanding issues. As such, the application as presented to the Council meeting of 2 March 2009, is now presented to Council for determination. Environmental Services Division Report No.3 to Council of 2 March (AT1) and Inspection Committee Report of 28 February 2009 (AT2).

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.

(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:

Ordinary Council Meeting 6 April 2009
Petition No. 2

Ordinary Council Meeting 6 April 2009
General Managers Report No. 7

Ordinary Council Meeting 6 April 2009
General Managers Report No. 9

AT‑1 View	Department of Local Government General Circular 08/64	1 Page
AT‑2 View	Department of Local Government General Circular 09/03	2 Pages

Ordinary Council Meeting 6 April 2009
Corporate Services Division Report No. 15

General Manager