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Agenda

Planning and Building

Committee Meeting

6 July 2009, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 6 July 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 6 July 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING – 18 MAY 2009

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 170

SUBJECT: 14-16 Orion Road, Lane Cove West

 

3.       Environmental Services Division Report No. 26

SUBJECT: Delegated Authority Report - June 2009  

 

 

 

                     


Planning and Building Committee Meeting 6 July 2009

 

Environmental Services Division Report No. 170

 

 

 

 

 

Reference:    Environmental Services Division Report No. 170

Subject:          14-16 Orion Road, Lane Cove West    

Record No:    DA09/28-01 - 19475/09

Author(s):       May  Li 

 

 

Property:                     14-16 Orion Road, Lane Cove West

 

DA No:                         28/2009

 

Date Lodged:              24 February 2009

 

Cost of Work:              $23,500,000.00

 

Owner             :                       Ducru Pty Ltd

 

Author:                         May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a 5 storey mixed use building with 3 levels of basement car park for 423 vehicles

ZONE

4(a) – Industrial

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes however, the uses of the proposed building are not included in the development application and would be subject to a separate application.

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 5, 6, 7a, 7b & 8

STOP THE CLOCK USED

Yes – 71 days

NOTIFICATION

Neighbours:

Energy Australia, 2 Sirius Road, 2-6, 5-7, 9, 11, 15 and 18-20 Orion Road, Lane Cove West

 

Ward Councillors:

Councillor Gaffney, Longbottom, & Mcllory

 

Progress Association:

Lane Cove West Residents Association Inc

 

 

REASON FOR REFERRAL:

 

The development application has not been called by any Councillor.  However, the gross floor area (GFA) of the proposed development significantly exceeds Council’s controls and the development application is submitted to Council for determination.

 


EXECUTIVE SUMMARY:

 

·     The proposal involves construction of a 5 storey mixed use building with 3 levels of basement car park, with parking for 423 vehicles.

·     The proposal does not comply with a number of the numeric requirements of the Industrial Zones Development Control Plan (The DCP).

·     The proposed GFA exceeds the DCP by 7,842m2.

·     The land is affected by the “Durham Deed” which was agreed between Council and a former owner of the site.  The Deed covers the subject site, as well as the site to the north and across the road.

·     The GFA of the proposed development exceeds the Durham Deed by 4,183m2.

·     The office space component of the development exceeds the Deed by 10,957.5m2.

·     Notwithstanding the non-compliance with Council’s DCP numeric requirements, the application meets Council’s performance standards and is recommended for approval on merit subject to draft conditions. 

 

SITE:

 

The subject site is located on the north-western side of Orion Road between Sirius Road and Epping Road within Lane Cove West Business Park.  The site is currently vacant with a site area of 7,922m2.

 

The undeveloped land falls towards the north with existing vegetation predominantly over the northern and western sections of the site. 

 

Surrounding development comprises light industrial and warehouse developments.  Site Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal involves clearing all existing vegetation from the site and construction of a 5-storey building with 3 basement levels containing 423 vehicle parking spaces.  A central atrium would connect two distinct building plates.  The details of the proposed development are outlined in the table below:

 

Site area

7,922m2

Commercial/Office space

15,093m2

Warehouse

671m2

Ancillary

371m2 (included in the commercial space)

Total GFA

15,764m2

FSR

1.99:1

Building Height

5 storey + 3 basement levels

Parking space

423 spaces

 

 

PREVIOUS APPROVALS/HISTORY:

 

In the 1980’s, the subject site originally formed part of a larger allotment which was owned by Durham Development Pty Limited.  The original allotment contained 45,127.7m2 of land and was known as 14 Orion Road, Lane Cove West.  The site had no vehicular access to Epping Road.

 

 

 

 

Development Application 391/1985

 

Council at its meeting on 13 May 1985 gave development consent for the erection of an industrial complex containing 8 buildings. 

 

The approval was subject to conditions, which required dedication of part of the site for the construction of a link road from Orion Road to Epping Road to provide a vehicular access to the Industrial Estate from Epping Road and also dedication of part of the land for two public reserves.

 

A total of 5 industrial allotments were created by the subdivision application which was approved by Council on 17 February 1986.

 

The development application demonstrated the initial “concept” proposed locations of 8 buildings.  The concept proposal for the 5 industrial allotments is detailed in the following table:

 

Lot No.

Site Area (m2)

Building No.

 

GFA (m2)

FSR

Office Space (m2)

1

8092

1 & 2

6260

0.77;1

2020

2

7078

3

9470

1.34:1

5030

3

6379

4

6595

1.03:1

1800

4

4277

5 & 8

4694

1.1:1

2320.5

5

12500

6 & 7

17780

1.42:1

9195

6

1297

Reserve

 

 

 

7

274

Reserve

 

 

 

Total

 

 

44799

 

20365.5 (or 45.45% of GFA)

 

Durham Deed

 

Prior to the construction of the link road between Orion Road and Epping Road, a Deed was formulated between Durham Developments Pty Limited and Lane Cove Council, which provided in part that;

 

·     The total GFA for the entire development is not to exceed 45,127.7m2.

 

·     Total GFA for office space is not to exceed 49% of 45,127.7m2 which is 22,112.5m2.

 

·     Council shall not refuse consent to any development application to develop part of the land by reason only that such development application contemplates an office component comprising up to or equal to 80% of any one building.

 

·     Durham shall not be required to pay or contribute towards the provision or improvement of amenities or services pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 as amended in respect of its development of the land or any part thereof.

 

·     The Deed was executed on 7 May 1986.

 

Development After the Durham Deed Was Executed

 

Between 1986 and 1988, buildings were constructed on Lots 1 (17-19 Orion Road), 2 (15 Orion Road) and 3 (11-13 Orion Road) located on the eastern side of the extended Orion Road.  The total GFA of the developments on these lots is 23,171m2.


 

Lot No.

Site Area

BA GFA (m2)

FSR

Office Space (m2)

% of Office Space

1

(17-19 Orion Rd)

8092

6,493

0.8:1

2,020

31%

2

(15 Orion Rd)

7078

10,267

1.56:1

4,811

47%

3

(11-13 Orion Rd)

6379

6,411

1.05:1

2,024

32%

 

 

23,171

 

8,855

 

 

Ducru Pty Ltd (the current owner of 14-16 Orion Road) lodged a development application (DA561/87) for additional floor space for the building on Lot 3 (15 Orion Road) in 1987.  The planning report dated 15 June 1987 advised Council that:

 

Should Council approve the application now under consideration, the total floor area approved by Council on building applications and the subject development will exceed the initial approval by 1,599m2 as calculated at this stage.

 

It will be necessary for Council to keep a “progressive total” of the areas of the respective components of the building. To enable Council to compare the floor areas approved in the initial development consent with the total floor areas in each subsequent application considered by Council.

 

Council should not place itself in a situation where, say, at upon approving building No.6, 90% of the total floor area as approved in the initial development is used up.  Should this happen the applicant could sell the remaining industrial allotments and the new purchaser would be able to submit Development Applications for the maximum floor space ratio permitted under Council’s Development Control Plan for development in Lane Cove West Industrial area and it would be unlikely that Council would be successful in disapproving such application when presented. 

 

Should this occur, then the final total floor area would be in excess of the total floor area approved by Council in the initial development consent. 

 

The initial agreement between Durham Developments (the original owners of the site) and Council provided for a total gross floor area for the project of 44,799m2, however, the applicant was given the flexibility of distributing the floor space over the respective buildings.

 

The principle of the initial agreement would allow a variation of floor space ratios on the separate lots but a problem would arise if a lot having less than its permissible development was sold and the new owner sought to extent the premises.

 

The problem could be regulated by a covenant on each of the remaining allotments within the subdivision where the covenant specifies the total gross floor area of a building which may be erected on that allotment.

 

Council at its meeting of 20 July 1987 approved the consolidation of lots 4 and 5, DP 740703 to create Lot 41, DP 788365 (14-20 Orion Road).  The consolidation was accompanied by an instrument pursuant to Section 88B of the Conveyancing Act which limited the maximum GFA permitted on the whole or part of the consolidated lot to a maximum of 21,956.7m2 (45,127.7-23,171 = 21,956.7(m2).)

 

Development Application 683/1988

 

On 15 August 1988, Council granted development consent for a warehouse/commercial development comprising two separate buildings over Lot 41, DP 788365 (14-20 Orion Road).  The applicant appealed to the Land and Environment Court in response to a number of conditions of the consent.  The Appeal was subsequently upheld.

 

The development over the northern portion of 14-20 Orion Road was constructed in 1991 and comprises 10,376m2 of GFA and parking for 380 cars.  This part of the site is known as 18-20 Orion Road, Lane Cove West.   This development consent remains valid because the erection of the existing building on 18-20 Orion Road activated the consent.

 

Development Application 510/1999

 

The development application for the construction of an 8 storey building with 450 parking spaces at 14-16 Orion Road was approved by Council on 5 May 2000.  The GFA of the proposed development was 11,575m2 and the FSR was 1.46:1.

 

Development Application 413/2004

 

The development application for the construction of the second building on 14-20 Orion Road was approved by Council on 24 May 2005.  The consent lapses on 24 May 2010.  The GFA of the approved development is 10,901m2.  The development history has indicated that all previous approved developments on the site did not exceed a floor space ratio of 1.5:1 and also complied with the Durham Deed maximum. 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

The current development application seeks Council’s consent to construct a building with GFA higher than any previous approved buildings on the site.  The compliance to the requirements of the DCP is detailed in the following table:

 

Site Area (7922m2)

 

PROPOSED

DCP

COMPLIES

Floor Space Ratio       (max)

1.99:1

1:1

No *

Soft Landscaped Area            (min)

15% natural and 15% hard (over parking podium)

30%

Yes

Building Setback from the front boundary         (min)

6m

8m

No *

Overall Height (m)       (max)

5 storey above natural ground level

5 storey

Yes

Car Parking

Total of 423 spaces for 15093m2 of office space and 671m2 of warehouse space and 371m2 of retail space

1 car space per 40m2 of office and retail space

 

1 car space per 80m2 of industrial/warehouse space

 

15,093m2 of commercial/office space requires 377.35 spaces

 

671 m2 of warehouse space requires 8.38 spaces

 

Total required parking spaces: 385 spaces

Yes

*  While the proposal fails some numerical standards, it is considered it meets the performance objectives and merit test.

 

REFERRALS:

 

Manager Environmental Services

 

The Environmental Officer has provided the following advice:

 

Contaminated Land

 

Reference is made to Appendix J: Environmental Site Assessment.  This report   found that asbestos was detected to be present on the site.  The report presents two options for dealing with this, capping the area and providing a management plan for the asbestos contamination, or complete removal of the asbestos. 

 

The applicant has stated that the asbestos will be removed from the site and disposed of, however would like to reassess this option when development and excavation commences.  Should capping of an asbestos affected area occur, approval for this should be obtained from Council, and an environmental management plan for the site will be required.

 

A Site Audit Statement (SAS) issued by a NSW EPA accredited Site Auditor under Section A of Part II of the approved form, and a Summary Site Audit Report (SSAR), certifying that the site is suitable for the proposed use will be required.

 

Draft Recommendations

 

From an environmental health perspective there are no objections to the approval of the application subject to (draft conditions77 to 81 inclusive) being placed on the development consent issued:

 

1.         Site Audit Statement. Prior to the issue of an occupation certificate, the applicant must submit to Council, a Site Audit Statement (SAS) issued by a NSW EPA accredited Site Auditor under Section A of Part II of the approved form, and a Summary Site Audit Report (SSAR), certifying that the site is suitable for the proposed use (draft condition 77).

 

2.         Asbestos Removal and Disposal. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required (draft condition 78).

 

Noise

 

3.         Proposed use and Operation of Plant and Equipment

 

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

 

In this regard, the operation of the premises, plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A) (draft condition 79).

 

 


4.         Acoustic Assessment

 

As stated in the submitted acoustic assessment, mechanical equipment must be reviewed and assessed at the detailed design state when specific plant selection and location is determined and appropriate noise control measures taken.  Prior to the issuing of the occupation certificate, a further acoustic assessment must be carried out and submitted to Council to determine that noise control measures taken ensure that the noise emissions complies with noise limits contained within the Industrial Noise Policy (draft condition 80).

 

The Waste Contract Coordinator has provided the following advice:

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

1).        Provision of tap with hose fitting in the garbage & recycling rooms

 

The Waste Contract Coordinator also suggested that future occupants of the building be instructed in the recycling facilities available (draft condition 81).

 

Manager Urban Design and Assets

 

The proposed development was referred to Council’s development engineer for assessment.  The engineer has advised that the development proposes an 83m3 OSD and 20m3 rainwater re-use tank.  No objections were raised to the engineering matters and draft conditions (35-76) of consent have been suggested. 

 

Manager Open Space

 

The detailed landscape plans were referred to Council’s Landscape Architect for assessment and the following advice has been provided:

 

The revised landscape plan (Rev B) addresses the issues raised at the 24 March 09 meeting appropriately.

 

The landscape planting will assist in ensuring that the development is not visually intrusive by providing visually softening of buildings and associated infrastructure.

 

The cumulative impact of the development will not detract from the existing character of the area.

 

Draft conditions (82-98) of consent have been provided for consideration. 

 

Roads and Traffic Authority (RTA)

 

The RTA has assessed the proposed development and provides the following comments to Council for consideration in its determination of the development application:

 

1.         The car parking areas and entry/exit points need to be clearly delineated through line marking and signage to ensure smooth, safe traffic flow.

 

2.         Council should consider reviewing the number of car parking spaces provided and whether they need to be reduced to encourage employees to use public transport.

 

3.         The car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1 -2004.

 

4.         Car parking provision to Council’s satisfaction.

 

5.         The proposed development will generate additional pedestrian movements in the area, consideration should be given to ensuring pedestrian safety. 

 

6.         A pedestrian Management Plan showing likely pedestrian desire lines, footpath and pedestrian crossing provisions should be undertaken and submitted to Council for consideration. 

 

7.         All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA.

 

Officer’s Comment

 

In relation to the RTA’s comments, Council’s traffic engineer has assessed the proposed vehicular excess points to the site and raised no objections to the proposed development in terms of traffic movements and pedestrian safety.  A pedestrian management plan has been requested in the draft  conditions of the development consent.  

 

The proposal provides more parking spaces to meet the requirements of the DCP because there is limited public transport service to the area and on site parking would improve the off street parking access in the business park.

 

It is not recommended to reduce the number of on site parking spaces.  It should be noted that bicycle parking and rider facilities (lockers and change rooms) are also provided in the development.  This would encourage reduced car usage.

 

The DCP states that car parking spaces are not included in the FSR.  The proposal provides 423 car parking spaces which is 38 spaces  in excess of the requirements of the DCP.  The additional parking spaces would improve the off street parking facility of the site.  However, there is a potential that the additional parking space might be converted to other uses which could be included in the GFA by future occupants, it is recommended that a condition requiring that parking spaces not be converted to other uses be included in the conditions of the development consent.  (Draft condition 14)

 

The RTA’s requested conditions are included in the draft conditions of the recommendation.

 

NSW Rural Fire Service)

 

The subject site is located within Bush Fire Prone Land and the proposed development was referred to NSW Rural Fire Service for comment.  The service raised no objections to the proposal and provided the following conditions:

 

1.         Landscaping to the site should comply with the principles of appendix 5 of Planning for Bush fire Protection 2006.

 

Officer’s Comment

 

This has been included in draft condition (104) of the recommendation.

 

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

 

The subject site is located within a 4(a) – Industrial zone and the objectives of the zone are to establish industries and warehousing, to permit office uses within industrial buildings where those offices are used in association with manufacturing and warehousing and to permit recreation facilities in association with industry.

 

Offices must be used in conjunction with industries or warehousing and retail of products/goods is not permissible within the zone. 

 

At ground level, the proposal seeks approval for 371m2 of ancillary services and a canteen.  Should Council be of a mind to support the proposed development, a draft condition requiring that the “ancillary services” and the “canteen” spaces of the proposed development not be accessible to the general public and used only by the occupants of the subject building should be included in the development consent (draft condition 4).

 

Lane Cove draft LOCAL Environmental Plan 2008

 

The subject site would be located within IN2 – Light Industrial zone and the maximum permitted Floor Space Ratio (FSR) for the subject site would be 1:1.  Notwithstanding such, Council resolved in August 2008 to support an FSR of 1.5:1 in the Lane Cove West Industrial area, and has made a submission to the Minister for Planning seeking the variation.  The Department of Planning’s preference is an FSR of 1:1.

 

The proposed development would exceed the FSR control of the DLEP, however as the following assessment concludes the additional FSR is justified on merit grounds and is supported on planning grounds.

 

Other Planning Instruments

 

Industrial Zones Development Control Plan

 

As outlined in the compliance table, the proposed development does not comply with a number of the requirements of the DCP.

 

Floor Space Ratio

 

If considered solely in relation to the subject lot, Council’s DCP states the maximum permitted FSR for the site is 1:1 and the proposed FSR is 1.99:1.  The site has an area of 7,922m2, therefore the  maximum permitted GFA for the site is 7,922m2.

 

The proposed GFA is 15,764m2 and it exceeds the DCP by 7,842 m2.

 

The objectives of the DCP require office components being directly related to warehousing/light manufacturing carried on within the building.  However, there is no detailed numerate control for office components in a development. 

 

As the FSR is a DCP requirement rather a LEP standard, Council may give consideration to a breach of this numeric requirement if it is satisfied that the proposal has merit and key performance standards are achieved.  FSR controls in DCPs seek to control excessive bulk and scale of buildings in their physical environment.  FSR can also be a defacto control on other elements of development.  However, given the physical character of the site, allowing 3 levels of underground parking, the unique design and minimal impacts to surrounding sites and streets, the FSR proposed is considered reasonable in this context.  A detailed review is provided elsewhere in this report.

 

Compliance with the Durham Deed

 

The Durham Deed was created by agreement between Council and a previous owner to provide access from the Lane Cove West Industrial Estate to Epping Road.  This agreement granted the owner of the land with FSR credits in return for land used to provide access to Epping Road. 

 

14-16 Orion is the last undeveloped allotment to be considered under the Durham Deed.  The maximum permitted GFA under the Deed for the site at 14-16 Orion Road is based on the results of the previous approved development on other developed allotments.   Having deducted the floor space of the buildings approved and built on lots 1, 2 3 and 5, the remaining available floor space for the subject site is 11,580.7m2.

 

The proposed GFA of the current development proposal is 15,764m2 with 15,093m2 of office space (95%).

 

In terms of floor space, the GFA of the proposal exceeds the Durham Deed by:

 

15,764 (proposed) – 11,580.7 (Durham Deed residue) = 4,183.3m2

 

For office space, the proposal exceeds the Durham Deed by:

 

15,093 (proposed) – 4,135.5 (Durham Deed residue) = 10,957.5m2 .

 

As can be seen from the above figures, both the GFA and the office space significantly exceed the Durham Deed.

 

Section 94 Contribution

 

The Durham Deed did not require the previous owner of the site to pay Section 94 contributions for the development which was limited to a total GFA of 45127.7m2.  Given the GFA of the proposed development would exceed the Durham Deed by 4183.3m2, it is considered reasonable and necessary that a S94 contribution be levied on the GFA in excess of the Durham Deed maximum only.

 

The current rate of the Section 94 contribution for traffic management and streetscape improvements, open space and recreation facilities, drainage and community facilities is $37.8/m2.  Therefore, the S94 contribution would be:

 

4,183.3 x $37.8/m2 = $158,128.74

 

The S94 contribution is included in draft condition 105.

 

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 departure is discussed below.

 

Floor Space Ratio

 

The applicant seeks a variation to the FSR requirement of the DCP.

 

The applicant has submitted that the proposed development would not create any significant adverse impact on the local environment in relation to over shadowing, noise, traffic impacts. The applicant also states that the proposal would create an economic benefit to the Lane Cove area and allow Lane Cove Business Park to compete with the expanding North Ryde Industrial Park which currently benefits from an FSR of 2:1. 

 

The proposed building is of an ecologically sustainable design.  The proposed development would meet a target NABERs rating of 4.5 stars (best practice) and a Green star design target of 4 stars (best practice).  These systems have a significant capital cost, which the applicant has advised, must be offset by additional floor space rental returns.  The applicant has submitted that the minimum scale of a development that can economically support these green initiatives is approximately 15,000m2 and the proposed building has a floor space of 15,764m2.

 

The applicant’s submission states that the proposed development is a sensitive response to its local bushland context and all materials and finishes are to be of the highest quality to ensure minimal maintenance and longevity of design and durability.  The applicant is also of the view that the additional GFA would have no material impact on the precinct or building surrounds. 

 

Officer’s Comment

 

The application seeks a significant variation to the FSR control of the DCP and over the maximum agreed to Council previously in the Durham Deed.  The proposed FSR is 1.99:1 which is significantly higher than all surrounding developments with their FSR below 1.5:1.  Supporting the variation would create a precedent for other developments in the Lane Cove West Business Park and Council would need to clearly state the context in which such a significant variation was made.  For example, this proposal, notwithstanding the proposed FSR of 1.99:1 is largely benign in regard to all external impacts such as traffic, over shadowing, bulk and scale of the built form, presentation to the street and sustainable construction.  It is considered  that external impacts are minimised by taking advantage of the site characteristic and intelligent design.

 

The subject site is located at the south western corner of Orion Road and the proposed building would be a prominent structure in terms of the bulk and scale in Lane Cove Business Park.  However, it would have minimum impact to the amenity of the surrounding developments in regard to the solar access, traffic movement.

 

The building is also considered to be of a superior design and would raise the benchmark for other development in the industrial park.

 

Landscaping

 

The application states that the proposed landscaping is 30.8% of the site area and complies with the DCP requirement. 

 

Council’s LEP or Industrial DCP does not have a definition of “landscaped area.”  Hence natural (soft) and paved areas can be included.

 

The assessment has revealed that part of the landscaping area adjacent to the western and northern boundaries of the site are located on the slab over the basement carpark.  These areas are however landscaped and would function as landscaped area.  These areas contribute about half of the required landscaping for the site.  There remain areas on the site where deep soil planting can be carried out.  The landscape plan has been approved by Council’s landscape architect.

 

Council’s Landscape Architect has advised that the proposed landscape planting would assist in ensuring that the development would not visually intrusive.

 

Front Setback

 

The proposed setback to Orion Road is 6m and does not comply with 8m setback requirement of the DCP for one small corner of the building (south eastern corner) and this corner is setback 6m from Orion Road.  The majority of the building exceeds the required setback.  No objection is raised to this minor variation.

 

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

 

The proposed development was notified in accordance with Council’s notification policy.  No submissions were received in response to the notification of the development application. 

CONCLUSION

 

The matters in relation to Section 79C considerations have been satisfied.  The proposed development is unlikely to create any adverse impact to the local environment.  The building is of an ecological sustainable design, with a NABERS rating of 4.5 stars (best practice) and a Greenstar design target of 4 stars (best practice).  The applicant is to be applauded for breaking new ground and paving the way for sustainable industrial design of this building. The building would not adversely affect  the amenity of the adjoining properties.  The proposal may however set a precedent for other developments given the same context.

 

Given the significant variation to FSR and other minor non-compliance issues, the matter is referred to Council for determination.  Should Council be of a mind to approve the proposed development, the following conditions are suggested to be imposed in the conditions of the development consent.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 28/2009 for the construction of a 5 storey building with 3 levels of basement car park on Lot 1, DP 1095363 and known as 14-16 Orion Road, Lane Cove West subject to the following conditions:

 

General Conditions

 

1.         That the development be strictly in accordance with the following drawings with Project No. 2810, dated 09.02.20 prepared by Fitzpatrick + Partners except as amended by the following conditions.

 

-           Floor Plan, Basement 3, Drawing No. A-0101, Issue B;

-           Floor Plan, Basement 2, Drawing No. A-0102, Issue B;

-           Floor Plan, Basement 1, Drawing No. A-0103, Issue B;

-           Floor Plan, Ground Floor, Drawing No. A-0104, Issue C;

-           Floor Plan, Level 1-4 Typical Office, Drawing No. A-0105, Issue B;

-           Floor Plan, Floor 5 Plant, Drawing No. A-0106, Issue B;

-           Floor Plan, Roof Plant, Drawing No. A-0107, Issue B;

-           Indicative Façade Details, Typical Curtain Wall, Drawing No. A-0561, Issue B;

-           Indicative Façade Details, Glazed Entry Wall, Drawing No. A-0562, Issue B;

-           Elevations, North & South, Drawing No. A-0201, Issue B;

-           Elevations, East & West, Drawing No. A-0202, Issue B;

-           Sections, Section A & B, Drawing No. A-0221, Issue B;

 

And the landscape plan with job No. 08143, Drawing No. LP 01, Issue B and Drawing No. LP 02, Issue A, dated December 2008, prepared by Leuchars Partners Landscape Architecture.

 

2.         The office space of the proposed building must be used in conjunction with industries or warehousing.

 

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

 

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

 

5.         The ground floor ancillary space and canteen shall not be accessible to the general public and can only be used only by the occupiers of the subject building.

6.         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.

 

7.         The construction and fit out of the premises must comply with the requirements of the Food Safety Standard 3.2.3 Food Premises and Equipment of the Australian-New Zealand Food Standards Code.  The National Code of the Construction and Fit out of Food Premises published by the Australian Institute of Environmental Health should be used as a guide to satisfy the requirements of the Food Safety Standard 3.2.3 Food Premises and Equipment.

 

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

 

9.         All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

10.       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.

 

11.       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.

 

12.       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.

 

 

13.       All advertising signs/structures and the uses of the proposed building being the subject of separate development applications.

 

14.       No retailing of goods to the public to be made from the subject premises.

 

15.       The provision of 423 on-site car parking spaces for the use of proposed building at all times and the parking spaces shall not be converted to other uses of the site.

 

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

 

17.       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.

18.       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.

 

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

 

20.       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.

 

21.       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 levels floor framing.

 

 

22.       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.

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       (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), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(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.

 

27.       The proposed works must be confined within the boundaries of the site.

 

28.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

29.       All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

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

 

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

 

32.       Compliance with the Waste Management Plan submitted with the development application.

 

33.       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.

 

34.       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.

35.       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.

 

            Engineering Conditions

 

35.       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.

 

36.       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. 

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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’.

 

42.       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

 

43.       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.

 

44.       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. Note: The finished floor level of the proposed carport shall be determined by council.

 

Engineering Conditions to be Complied With Prior To Issue of Construction Certificate

 

45.       Proposed Vehicular Crossings. The proposed vehicular crossings shall be constructed to the specifications and levels issued by Council. A ‘Construction of industrial 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

 

46.       Redundant Gutter Crossing.   All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation certificate.

 

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

 

48.       Car parking certification. The plans and supporting calculations of the internal driveway, turning areas, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the principle certifying authority.  The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the construction certificate.  

 

49.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan H-STW-00 to 05 prepared by Harris Page & Associates dated December 2008.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principle Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principle Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the construction certificate.

 

50.       Council infrastructure damage bond: The applicant shall lodge with Council a $100,000.00 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.

 

51.       Geotechnical report:  A geotechnical report is to be completed for the excavations and retaining structures proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

52.       Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate.. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include:

·     Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

·           Excavation of the site (face of excavation, base, etc)

·           Installation and construction of temporary and permanent shoring/ retaining walls.

·           Foundation bearing conditions and footing construction.

·           Installation of sub-soil drainage.

·           Location, type and regularity of further geotechnical investigations and testing.

Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

53.       Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

54.       Dilapidation report The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation. Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principle Certifying Authority  prior to issue of a Construction Certificate.  A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an occupational Certificate.

 

55.       Fence along the front of the Property. Where the finished surface of the public footpath is 200mm or more above the finished surface of the private property, a barrier or fence is to be provided along that section of the frontage of the property. This fence is for the safety of pedestrians on the public footpath.

 

56.       Accelerated Depreciation to Council’s Road Infrastructure: In order to cover the accelerated depreciation to Council’s Road Infrastructure the applicant is to pay a fee based upon a calculation of the damage caused by trucking operations.

During construction the applicant shall pay a monthly fee to Council, to cover accelerated depreciation to Council’s road infrastructure. This fee shall be determined from the number of truck movements using the site in association with the rehabilitation and construction works. The fee shall be computed based on the following table:

3 axle single unit $5.59

4 axle single unit $6.96

4 axle or less double unit, 1 unit is truck $8.31

5 axle double unit, 1 unit is truck $9.74

6 or more axle double, 1 unit is truck $11.17

5 axle or less multi unit $17.54

6 axle multi unit $13.90.

 

These rates base date 30 June 2009 are to be indexed in accordance with CPI. Payment shall be forwarded to Council without the issuing of an invoice, within seven (7) days of completion of each month. This monthly payment shall be based on the above table and details of all calculations shall be forwarded with payment.

 

57.       Recording of Trucking Movements. Prior to commencement of site works, the applicant shall:

·     Nominate a contact person who will be responsible for all heavy vehicle operations,

·     Submit contact details of the nominated person to council including relevant telephone numbers, facsimile numbers and email. 

During construction the applicant shall:

·     Submit a weekly summary of all trucking movements. The summary is to include the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

 

58.       Heavy Vehicle Duty Employee and truck cleanliness. The applicant shall:

·     Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·     Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·     Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

59.       Truck Shaker.  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

60.       Covering Heavy Vehicle Loads.     All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice ” being issued to the drivers of those vehicles not in compliance with the regulations.

 

61.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system. Lodgement of this bond is required prior to the issue of the construction certificate

62.       Positive Covenant OSD.  Documents giving effect to the creation of a positive covenant over the on site detention system shall be registered on the title of the property prior to the issue of the occupation certificate. The wording of the terms of the positive covenant shall be in accordance with Council’s DCP-Stormwater management.

 

63.       On-Site Stormwater Detention System - Marker Plate.  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’ s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

 

64.       On-Site Stormwater Detention Tank.  All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

65.       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.

 

66.       Overland Flow: Overland flows generated from a 1 in 100 year storm event must be accepted at the upstream boundary and conveyed through the site. A hydraulic evaluation of the overland flow path shall be prepared by a suitably qualified engineer the hydraulic evaluation is to comply with Council’s DCP- Stormwater Management. The hydraulic evaluation and any related documents are to be submitted to and approved by Council prior to the issue of consent. 

 

67.       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.

 

68.       Rainwater Reuse Tanks:  The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 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:

·     Rainwater draining to the reuse tanks are 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.

 

69.       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

70.       Soil and Water Management Plan: A Soil and Water Management Plans (SWMP) 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.

 

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

·     By Gravity flow through the proposed OSD system

·     All roof surface rainwater to drain by gravity flow to the proposed rainwater tank

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.

 

72.       Engineering Note: All engineering compliance certificates are to contain the following declarations:

            a.         This certificate is supplied in relation to  16 Orion Road, Lane Cove

b.         Harris Page & Associates have been responsible for the supervision of all the work nominated in (a) above.

c.         I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d.         I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority with a copy of such records and test results if and when required.

 

73.       Council inspection requirements: The following item needs to be  inspected:

·           The stormwater connection into Council’s existing pit along Orion Road. 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.  An Inspection fee of $290.00 is to be paid prior to the issue of the construction certificate.

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

74.       Soil and water management 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) Soil and Water Management Plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Conditions to be Complied With Prior to Occupation Certificate

 

75.       Stormwater System engineering certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Council’s DCP-Stormwater  management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

            (a)        be signed by a registered  surveyor, and

            (b)        clearly show the surveyor’s name and the date of signature.

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the occupational certificate

 

76.       Certification of retaining structures and excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out;

·           In accordance with the relevant Australian Standards and Codes of Practise.

The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the occupational certificate.

 

            Environmental Health

 

77.       Site Audit Statement . Prior to the issue of an occupation certificate, the applicant must submit to Council, a Site Audit Statement (SAS) issued by a NSW EPA accredited Site Auditor under Section A of Part II of the approved form, and a Summary Site Audit Report (SSAR), certifying that the site is suitable for the proposed use.

 

78.       Asbestos Removal and Disposal. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

79.       Proposed use and Operation of Plant and Equipment

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

80.       Acoustic Assessment

 

As stated in the submitted acoustic assessment, mechanical equipment must be reviewed and assessed at the detailed design state when specific plant selection and location is determined and appropriate noise control measures taken.  Prior to the issuing of the occupation certificate, a further acoustic assessment must be carried out and submitted to Council to determine that noise control measures taken ensure that the noise emissions complies with noise limits contained within the Industrial Noise Policy. 

 

81.       Provision of tap with hose fitting in the garbage & recycling rooms

 

            Landscaping

 

82.       (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.

 

83.       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 pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

84.       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.

 

85.       All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

86.       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.

 

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

 

88.       The Applicant must ensure that any ‘On’ structure landscaping has adequate soil depth, volume and suitable profile to support the number of trees and shrubs indicated on the approved DA plan. On-structure landscape details to be submitted for Councils approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

 

89.       The proposed Acmena smithii specimen screen plantings must be supplied and installed in pot sizes of no smaller than 45 litres and in accordance with the approved DA Landscape plans LP 01 Revision B by Leuchars Partners

 

90.       The proposed screen/hedge planting along the western boundary line are to be planted in suitable on structure planter box depths to support the 100L pot sizes as detailed in the approved DA Landscape plans LP 01 Revision B by Leuchars Partners.

These plants must be healthy, good quality nursery stock, grown to the pot size, being free of girdling roots and other defects. Plants must be spaced as detailed in the approved DA Landscape plans.

 

91.       The Applicant must ensure that there are sufficient number of groundcovers and low shrubs, planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

92.       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.

 

93.       All trees and other plants to be planted on site visible from the public domain are to be local indigenous species, consistent with Council’s Tree Preservation and Landscape Policy.

 

Landscape issues to be satisfied with major development prior to issue of Occupation Certificate.

 

94.       All landscape works are to be inspected by Councils Landscape Architect upon practical completion in order to certify that all landscape works have been completed in accordance with the DA conditions and in conjunction with the approved landscape plan and details. The inspection is to be carried out PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.

 

95.       A certificate must be submitted by a qualified practising landscape architect, Landscape/ environmental designer or horticulturist, certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification. Works must not progress until Council or the accredited certifier has confirmed that this condition has been fully satisfied.

 

Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.

 

96.       The proposed new planting including all 100 & 200L perimeter  tree plantings are to be maintained by the Applicant and inspected 12 months post construction to the satisfaction of Councils Landscape Architect and/or Arborist.

 

97.       Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of Occupation Certificate.

 

98.       At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

Traffic Conditions

 

99.       Any line marking on the road and signposting would require a separate approval of the Traffic Committee Meeting of Council.

 

Roads and Traffic Authority

 

100.     The car parking areas and entry/exit points need to be clearly delineated through Iine marking and signage to ensure smooth, safe traffic flow.

 

101.     The car parking areas associated with the subject development (including driveways grades, turn paths, sight distance requirements, aisle widths, aisle Lengths, and parking bay dimensions) should be in accordance with AS 2890. l - 2004.

 

102.     A Pedestrian Management Plan showing likely pedestrian desire lines, footpath and pedestrian crossing provisions should be undertaken and submitted to the PCA prior to the release of the Construction Certificate.

 

103.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA.

 

NSW Rural Fire Service

 

104.     Landscaping to the site should comply with the principles of appendix 5 of Planning for             Bush Fire Protection 2006.

 

Section 94 Contribution:

 

105.     The payment of a contribution of $158,128.74 towards traffic management and streetscape             improvements, open space and recreation facilities, drainage and community facilities.  The             contribution to be made prior to issue of a Construction certificate and to be at the current             rate at time of payment.  The amount is at the current rate of $37.8/m2

 

Note: Payment must be in bank cheque.  Personal cheques will not be accepted.

 

This contribution is under Lane Cove Council section 94 contributions Plan which is available for inspection at the Customer service Counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


Planning and Building Committee Meeting 6 July 2009

 

Environmental Services Division Report No. 26

 

 

 

 

 

Reference:    Environmental Services Division Report No. 26

Subject:          Delegated Authority Report - June 2009    

Record No:    SU1863 - 23579/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of June 2009 a total of 25 Development Applications were determined under delegation by staff.  In addition 6 Construction Certificates and 14 Privately Certified Construction Certificates were issued.  There were 3 Complying Developments determined by Council in June and 2 Privately Certified.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for June 2009

4 Pages