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Agenda

Planning and Building

Committee Meeting

4 May 2009, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 4 May 2009 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Ann Smith. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless the Committee resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may attend the Meeting and address the Committee on any issue.   Speakers and Councillors will not enter into general debate or ask questions.

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 

 


Planning and Building Committee 4 May 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING – 16 MARCH 2009

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 75

SUBJECT: 3 Amalfi Place, Longueville  

 

 

 

                     


Planning and Building Committee Meeting 4 May 2009

 

Environmental Services Division Report No. 75

 

 

 

 

 

Reference:    Environmental Services Division Report No. 75

Subject:          3 Amalfi Place, Longueville    

Record No:    DA08/319-01 - 8335/09

Author(s):       Rajiv Shankar; Michael Mason 

 

 

Property:                     3 Amalfi Place. Longueville

 

DA No:                         D319/08

 

Date Lodged:              30 October 2008

 

Cost of Work:              $1 500 000

 

Owner             :                       A J & M J Bryan

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing single storey dwelling house and construction of a two storey dwelling house.

ZONE

Residential 2(a2)

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

NOTIFICATION

Neighbours                  83, 94, 96, 100 Kenneth St, 22, 24, 26, 28 Mary St, 1, 2, 4, 5, 7, 8, 10 Amalfi Pl.

Ward Councillors       Clr A Smith, Clr S Forrest, Clr S Bennison

Progress Association Longueville Residents Association.

 

REASON FOR REFERRAL:

 

The application has been referred to the Planning and Building Committee on the request of Clr Forrest because of the concerns raised by the neighbours.

 

EXECUTIVE SUMMARY:

 

·     The application is for the demolition of the existing single storey dwelling house and construction of a two storey dwelling house. The existing pool towards the rear is proposed to be retained and refurbished.

 

·     There exists a covenant on the subject property which restricts redevelopment of the site and includes “that no two-storey building shall be erected on the said lot”.

 

·     Ten submissions have been received in response to the notification of the proposal. The objections substantially relate to the existing covenant, loss of views, impact upon privacy and setting of a precedent for construction of two storey dwelling houses within the area.

 

·     The proposal complies with all the provisions of Council’s Code for Dwelling Houses.

 

·     The existing building has a ridge line height of RL21.55. The proposed building has a roof height of RL 22.5 which is 950mm higher than the existing ridge height.

 

·     To reduce the impact upon views, having regard to the existence of the covenant and so that the impact is similar to the existing dwelling house, it would appear possible to reduce the overall height of the building so that it is no higher than the existing ridge height of RL 21.55. This has been included as a draft condition of consent, if the application is supported.

 

·     The reduction of the building height may be distributed on both levels and may also include a lowering of the building platform.

 

·     The proposal is recommended for approval as a deferred commencement consent which requires the covenant be removed or varied to allow for the construction of the proposed two storey dwelling house before the consent is activated.  If the covenant is not removed, the consent does not become activated.

 

SITE:

 

The site is located on the south western side of Amalfi Place. The site is irregular in shape with an area of 1315sq.m. The site falls away from the street.

 

The site features a single storey brick and tile dwelling house. An in-ground pool is located towards the rear and is proposed to be retained. There are a number of trees towards the front and the rear of the subject property.

 

Neighbouring to the east is a single storey brick dwelling house and towards the west is a two storey dwelling house.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal includes the following:

·     Demolition of the existing dwelling house.

·     Retention and refurbishment of the existing pool towards the rear.

·     Construction of a two storey dwelling house.

·     The ground floor would primarily have living areas and the first floor would have 4 bed rooms and ensuites.

·     An attached double garage is proposed towards the front of the dwelling house.

 

PREVIOUS APPROVALS/HISTORY:

 

DA210/1996 – Terrace extension.

 

 

 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (1315m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.4

0.5

Yes

Soft Landscaped Area            (min)

60.2%

35%

Yes

Side Boundary Setback (min)

1500mm/1820mm

1500mm

Yes

Overall Height (m)       (max)

8.9m

9.5m

Yes

Ceiling Height (m)       (max)

7.0m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

10.0m

7.5m

Yes

Foreshore Building Line

(min)

Proposed dwelling does not project beyond the footprint of the existing building. Behind the established foreshore line.

To follow the existing/established foreshore building line.

Yes

Cut and Fill      (max)

1m max

1m

Yes

Deck/Balcony width    (max)

4.0m (Privacy is not an issue)

3m (if elevated by >1m)

Yes

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Provided

Required

Yes

 

SWIMMING POOL - Existing.

 

REFERRALS:

 

Manager Assets

 

No objections expressed subject to conditions.

 

Manager Parks

 

No objections expressed subject to conditions.

 

Department of Water & Energy

 

The following response has been received:

 

“The proposed works are exempt from the need to obtain a Controlled Activity Approval under the Water Management Act 2000.”

 

Solicitor:

 

Legal advice was sought with regard to the covenant on the subject property which includes that that no two-storey building shall be erected on the subject property.  The advice received was that if Council was otherwise recommending approval, Council could include a deferred commencement condition requiring the covenant to be removed or varied before the development was implemented. A copy of the covenant is enclosed in AT3.

 

79 (C) (1) (a) the provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Low Density Residential 2 (a2) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with development consent of Council.

Section 17A suspends covenants on certain land in Lane Cove.  However, the subject property is not listed as one where the covenant has been suspended.

 

Draft Lane Cove Local Environmental Plan 2008

 

The subject site is zoned R2 Low Density Residential under the provisions of Lane Cove draft LEP 2008. The proposal is permitted with development consent of Council and complies with the floor space ratio and height requirements of the R2 zone.

 

Clause 1.8A (1) of the draft Lane Cove Local Environmental Plan gives Council the power to suspend any covenant, agreements and similar instruments that restrict development on a generic bases for the whole local government area.  This is a requirement by the Department of Planning, however, Council in considering the draft Local Environmental Plan, resolved at its meeting of 4 August 2008:

 

Resolution 255 - 1.3. - “That clause 1.8A be amended to not apply to residential zones…”

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table, the proposal complies with all the provisions of the code and it is considered to achieve the objectives for each provision.

 

Variations to Council’s Codes/Policies

 

Nil

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

The Municipality of Lane Cove is identified as being within the Sydney Harbour Catchment of the SREP.  The subject site is also located within the Foreshores and Waterways Area as indicated on the Foreshores and Waterways Area map contained within this SREP, and as such, is subject to the DCP that complements the SREP.

 

Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  Of the clauses 20-27 listed for consideration the proposed works would not raise any significant issues.

 

Under the DCP the subject property is within the Landscape Character Type 9 under Landscape Assessment as indicated in Section 5.  The proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

79C (1) (b)      The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality, the streetscape and adjoining and surrounding development.

 

Privacy

 

The dwelling house has been designed to minimise the overlooking of adjoining properties and ensure that a reasonable level of privacy is maintained between the adjoining properties.


Views

 

Residents of 24, 26 & 30 Mary Street have objected to the development on the basis of impact on views.

 

In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs. Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions which should be addressed in assessing whether the impact on views is considered unacceptable.  The following is an assessment of the application in terms of these questions which are:

 

1.         The assessment of the views to be affected. Some views (eg. water views, views of iconic buildings) are valued more highly than others.

 

2.         Consider from what part of the property the views are obtained.  Also, consider sitting or standing views. Protection of sitting views across side boundaries are more difficult than from front and rear boundaries.

 

3.         Assess the extent of the impact.  This should be done for the whole of the property, not just the view that is affected. Views from living areas (including kitchen areas) are more significant than from bedrooms.

 

4.         Assess the reasonableness of the proposal that is causing the impact.  Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design. View impact from a complying development would probably be considered acceptable, and view sharing reasonable.

 

In assessing the impact on views it is considered that:

 

1.         The views likely to be affected are as under:

·     30 Mary Street has wide ranging water views. The existing dwelling house on the subject property as viewed from 30 Mary Street is located within the foliage of existing trees. The proposed development would still be within the foliage of the existing trees and would not impact upon water views which are considered more valuable than the views of tree foliage. See photo 1 attached (AT4).

 

·     26 Mary Street also has wide ranging water views. The existing dwelling house on the subject property as viewed from 26 Mary Street is also located within the foliage of existing trees and barely visible. The proposed development would still be within the foliage of the existing trees and would not impact upon existing water views. See photo 2 attached (AT5).

 

·     24 Mary Street has water views over the roof of existing dwelling on the subject property and the adjoining dwelling. To reduce the impact upon views to no more than the existing impact, it is recommended that the whole of the proposed dwelling house be no higher than the level of the existing ridge height.

 

2.         The views being impacted are across the rear boundary from living rooms of 24 Mary Street in both standing and sitting positions and therefore considered more important to protect.

 

3.         The impact upon views has been assessed from living rooms. The proposed development would now have minimum impact on the amenity of the neighbour’s property through loss of views. See photos 3-7 attached (AT6).

 

4.         The proposal complies with all relevant planning controls and is considered reasonable. In this respect view impact of a complying development is considered acceptable and view sharing reasonable.

 

In view of the above findings it is considered that the proposal, as recommended for amendment,  reasonably satisfy the requirements of Councils Code and view sharing principles with 24, 26 & 30 Mary Street.

 

Overshadowing

 

Clause 3.4 of the DCP requires that the proposal should “give reasonable sunlight to the habitable rooms and recreational area of the adjoining properties between 9.00 am and 3.00 pm on 22 June”

and “portion of north facing window of the neighbouring dwellings receive at least 3 hours of sun between 9.00am to 3.00pm on 22 June.”

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments being 1 and 5 Amalfi Place and 83 Kenneth Street or over the development itself. The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling houses will receive 3 hours of sunlight between 9.00 am & 3.00 pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

 

Access, Transport and Traffic

 

The existing vehicular access is to be maintained and the amount of traffic would not be increased as a result of this development. Engineering requirements are included as standard conditions of consent.

 

Water

 

Stormwater drainage plans have been assessed by Council’s Engineer. Roof water & run off is to be disposed of in accordance with the Stormwater Design Code. Draft conditions relating to stormwater drainage have been included in the draft recommended consent.

 

Section 79C (1) (c) - The suitability of the site for the development

 

The proposal maintains the residential use of the site. Accordingly the site is considered suitable with respect to the proposed development.

 

Section 79C (1) (d) - Any submissions made in accordance with this Act or Regulations.

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Nine submissions have been received. The issues raised in the submissions have been summarised below:

 

Existing Covenant

 

There exists a covenant on the subject property which states “that no two-storey building shall be erected on the said lot”.

 

Comment

 

The Covenant contains a number of matters restricting development on the site:

 

1.         The covenant states that not more than one building shall be erected on the lot.  The plans and specifications shall be approved from the transferor.

 

2.         The building shall not be built in any other material other than brick. The roof material shall be approved from the transferor.

 

3.         No other building other than the main building shall be constructed on the lot without the approval from the transferor.

 

4.         No more than a single storey building shall be erected on the lot.

 

5.         No septic tank shall be erected unless the same is well screened and is to the satisfaction of the transferor.

 

6.         No advertising hoardings or similar structures shall be permitted to remain on the lot.

 

7.         No fence shall be erected on the property to divide from the adjoining land unless it is erected without expense to the transferor.

 

The proposal would compromise points 1-4 of the covenant as stated above.

 

If, with the exception of the covenant, Council was of a mind to support the proposal and approve the development application, Council’s legal advice is such that a deferred commencement consent would be appropriate requiring the covenant to be removed or varied before the development consent was activated. A deferred commencement consent is therefore recommended in this report.

 

In addition, the following advice statement has been placed in draft conditions of consent.

 

“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.”

 

The covenant dates from 1959 and affects land in DP 29396 (Amalfi Place properties and some Mary Street properties).  The covenant does not provide objectives or outcomes, although the objective is likely to be to limit the impact of new development on the other nearby properties affected by the covenant.

 

Impact Upon Views from 24, 26 & 30 Mary Street

 

Comment

 

As discussed in the report above the proposal in relation to views has been assessed as satisfactory with regards to view sharing principles.  The proposed development would still be within the foliage of existing trees and would not adversely impact existing water views of 26 & 30 Mary Street.  A reduction in the proposed height would assist with retention of views from 24 Mary Street.

 

Precedent

 

The proposal would create a precedent for the other single storey homes in Amalfi Pace to erect second storeys.

 

Comment

 

Every application is assessed in accordance with S79C of the Environmental Planning and Assessment Act 1979 and on its merits. If the covenant relates to other properties, a similar procedure would need to be adopted if the proposal was supported by Council.  In this case it is proposed that the resulting structure not exceed the existing ridge at level at RL 21.55m.

 

 

Impact Upon Privacy of 30 Mary Street

 

Comment

 

The proposed development is at a considerable distance and it is considered that the proposed development would not have an impact upon the privacy of 30 Mary Street.

 

A late submission was received from the resident of 83 Kenneth Street. The issues raised in the submissions have been summarised below:

 

Overlooking from south facing bedroom 1 window.

 

Comment

 

To reduce impact of overlooking, the south facing bedroom 1 window shall have a window sill height of a minimum of 1.5m from the finished floor level as a condition of consent.

 

Overlooking from the first floor balcony.

 

Comment

 

To reduce impact of overlooking, the first floor balcony shall have a 1.8m high privacy screen along the southern side of the balcony as condition of consent.

 

Section 79C (1) (e) - The public interest.

 

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. The proposed development does not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest.

 

Council will recall that it resolved not to actively seek the removal of residential covenants vide Resolution 255-103.

 

 “That clause 1.8A be amended to not apply to residential zones…”

 

Notwithstanding the above Resolution, Council is obliged to consider the development proposal on its merit.

 

As such, I am of the view that the RL (21.55m) of the existing dwelling house should be retained for the proposed dwelling house.  Further, that Council not suspend the existing covenant but rather provide the applicant with a deferred commencement consent that could only be actioned if the relevant covenant is removed or modified to allow a two storey structure.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The property is subject to a restrictive covenant which was referred to Council’s solicitors for advice.  It is on this advice that a deferred commencement consent is suggested for the proposal, if Council is of a mind to support the application.  The proposal is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.

 

 

RECOMMENDATION

 

A.         That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application D319/08  for the demolition of the existing single storey dwelling house and construction of a two storey dwelling house on 3 Amalfi Place subject to the following:

 

1.         The removal or modification of the covenant to allow the development as proposed in DA319/08.

 

Documentary evidence as requested or the above information must be submitted to Council within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

B.        Subject to A above being satisfied, a development consent and plans be issued, subject to the following conditions:

 

 

1.         That the development be strictly in accordance with drawing numbers DA02- DA5 & DA7 dated 24 Oct 2008 by Martin Pickrell Design except as amended by the following conditions.

 

2.         The proposed dwelling shall be lowered so that the highest level of the roof shall not be higher than RL 21.550. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

3.         A check survey certificate is to be submitted by a registered surveyor certifying that the highest level of the first floor roof is no higher than RL 21.550, prior to installation of the roof covering.

 

4.         The south facing bedroom 1 window shall have a window sill height of a minimum of 1.5m from the finished floor level.

 

5.         The first floor rear balcony shall have a 1.8m high privacy screen along the southern side of the balcony.

 

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

 

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

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

12.       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.

 

13.       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.

 

14.       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.

 

15.       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.

 

16.       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.

 

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

 

 

18.       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.

 

19.       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;

 

20.       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.

 

21.       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.

 

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

 

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

 

23.       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.

 

24.       (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 MUSTBE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION      CERTIFICATE.

 

25.       Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

26.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

27.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

28.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

29.       All waste generated on site shall be disposed off in accordance with the submitted Waste Management Plan.

 

30.       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.

 

31.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       All materials brought onto the site must be weed free.

 

36.       Rubbish must be stored in sealed 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.

 

37.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2.4m from the trunk of the Water gum street tree. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

38.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 3m from the trunk of the Italian Cypress located at the rear of the Site adjacent to the pool.  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.

 

            The 1.8m high chain link wire boundary fence shall be used as a tree protection zone for all existing trees at the front of the Site. The fence must have a setback distance of not less than 2.4m from the trunk of any tree. 

 

39.       A waterproof sign must be placed on every second panel of all tree protection zones stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

40.       All tree protection 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 development.

 

41.       There must be no soil disturbance within tree protection areas, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained.  All activity within the Tree Protection Area must be undertaken with hand tools.

 

42.       Hedging plants must be of such a species that they may be maintained at a mature height of no more than 5m from soil level. The foliage of hedge plants shall be maintained at a height of 5m by ongoing and continuous pruning annually or more frequently as required.

 

43.       The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

General engineering conditions

 

44.       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.

 

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

 

46.       Works on Council Property: Separate application shall be made to Council's urban services division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

47.       Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

48.       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.

 

49.       Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

50.       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’.

 

51.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant

 

52.       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.

 

53.       Car parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

54.       Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

§ Mosquito protection & first flush device shall be fitted to the reuse tank.

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

 

55.       Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·     All impervious areas are to drain to an absorption system.  

·     Environmental pollution control pit is to be installed just prior to the connection to the street system

The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering conditions to be complied with prior to construction certificate

                         

56.       Drainage Plans new: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management. The design is to include the requirements set out in condition

 

57.       Council infrastructure damage bond: The applicant shall lodge with Council a $1000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the occupational certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 90days from the notice. All repairs are to be carried in accordance with council’s requirements. The full bond will be retained if council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

58.       Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the construction certificate 

 

59.       Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the occupation certificate. The Vehicular crossing shall be constructed to the specifications and levels issued by Council. ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the occupational certificate

 

60.       Excavation greater the 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

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

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

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

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the constructions certificate

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

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

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

61.       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. 

 

Engineering conditions to be complied with prior to commencement of construction

62.       Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Conditions to be complied with Prior to Occupation Certificate

63.       Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the principal certifying authority prior to issue of the occupation certificate confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater management.   

 

ADVISES:

 

1          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.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Covenant for 3 Amalfi Place

4 Pages

 

AT‑4 View

Photo 1

1 Page

 

AT‑5 View

Photo 2

1 Page

 

AT‑6 View

Photos 3-7

5 Pages