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Agenda

Inspection

Committee Meeting

4 April 2009, 8:30am

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Saturday 4 April 2009 commencing at 8:30am. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

 

Important Information

 

The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal.  It is appropriate that any debate and decision take place at a Council Meeting, not onsite.

 

Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.

 

The Committee is governed by Council’s Code of Meeting Practice, and no recording of the meeting is allowed.

 

Committee Meeting Procedures

 

The Inspection Committee Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Items referred to the Committee are referred to a Council or Committee Meeting for determination. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

 

 


Inspection Committee 4 April 2009

 

TABLE OF CONTENTS

 

 

 

 

8:30am

 

Referred Reports

 

1.       Environmental Services Division Report No. 339

SUBJECT: 35 Innes Road, Greenwich

  

 

 

 

        


Inspection Committee Meeting 4 April 2009

 

Environmental Services Division Report No. 339

 

 

 

 

 

Reference:    Environmental Services Division Report No. 339

Subject:          35 Innes Road, Greenwich

Planning and Building Committee at its meeting on 02 March 2009 resolved that the matter be referred to the Inspection Committee meeting to be held on 04 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.

 

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        any storey containing bedrooms—

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

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

(b)        any other storey not containing bedrooms.

 

 

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 28th 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 28th 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, Greenwichdated 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