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Agenda

Inspection

Committee Meeting

1 August 2009, 8:30am

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection Committee, to be held at the site of the previous Sydney University Boat Club off Linley Lane, Lane Cove (see map on page 3 of the Agenda) on Saturday 1 August 2009 commencing at 8:30am . The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

 

Important Information

 

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

 

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

 

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

 

Committee Meeting Procedures

 

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

 

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

 

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

 

 

 


Inspection Committee 1 August 2009

 

TABLE OF CONTENTS

 

 

 

 

8.30AM – TO BE HELD AT PREVIOUS SITE OF SYDNEY UNIVERSITY BOAT CLUB AS SHOWN ON MAP BELOW

 

Referred Reports FROM Ordinary Council 06 July 2009

 

1.       Environmental Services Division Report No. 147

SUBJECT: Cunninghams Reach Boatshed, Linley Point................................. 4

 

 

Entrance to Car parking

 

            


Inspection Committee Meeting 1 August 2009

 

Environmental Services Division Report No. 147

 

 

 

 

 

Reference:    Environmental Services Division Report No. 147

Subject:          Cunninghams Reach Boatshed, Linley Point

Ordinary Council at its meeting on 06 July 2009 resolved that the matter be referred to the next Inspection Committee Meeting to held on the 01 August 2009.   

Record No:    DA08/202-01 - 16395/09

Author(s):       Michael Mason 

 

 

Property:                                 Lot 7101 DP 1055655, Lot 2 DP 1117218 and part of Riverbed of Lane Cove River, Cunninghams Reach, Linley Point

 

DA No:                                     D202/08

 

Date Lodged:                          8 July 2008

 

Cost of Work:                          $3.3 million

 

Owner:                                    Roads and Traffic Authority (Lot 2 DP 1117218) Department of Lands (Lot 7101 DP 1055655) NSW Maritime (Riverbed)

 

Author:                                     Wayne Siwak Urban Planning Consultant; Michael Mason

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The construction of a boatshed and public pontoon

ZONE

Part 6(a) Open Space (Recreation) and 6(b) Bushland ‘B under Lane Cove Local Environmental Plan 1987 (Land Component) and W2 under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Riverbed Component)

RE1 Public Recreation under Draft Lane Cove Local Environmental Plan 2007 (Land Component)

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?

Yes

BCA CLASSIFICATION

Class 5, 6a, 7b and 8

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                              7, 9, 11, 27, 29A, 31, 33, 35 The Crescent; 3, 5, 6, 8, 10 The Avenue; 1 Linley Place; 364 and 366 Burns Bay Road; 11A, 13, 15 Burton; 1 View Street

Ward Councillors                    Clrs. I. Longbottom,

                                                F. Teirney and W. Gaffney

Progress Association             Linley Point Progress Association

REASON FOR REFERRAL: 

 

The application has been referred to Council as Council has care control and management of the land.

 

EXECUTIVE SUMMARY:

 

·          The application is for the construction of a boatshed and public pontoon on the subject site.

 

·          The development would be used as a modern training facility by Sydney University Boat Club. 

 

·          The building would be used for the storage of rowing boats, small speedboats and trailer/s.

 

·          The pontoon and jetty would be used for the launching of rowing boats and skiffs being used for training purposes by club members.  The pontoon and jetty would also be available for usage by the public at all times.  The public would not be denied access to the pontoon and jetty. The club would maintain the pontoon and jetty.

 

·          The premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness.  The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area.

 

·          Rowing boats stored in the building would be used for training on the Lane Cove River only.  Rowing boats would be transported on trailers to regatta venues elsewhere.

 

·          The development would not be used as a venue for regattas, a café, restaurant, licensed club, function centre, boathouse or for accommodation.

 

·          Amended plans were submitted to Council that improved the appearance of the building. Council’s Urban Design Consultant has raised no objection to the amended plans.

 

·          Five submissions were received in response to the notification of the original proposal. Three objections were received to the amended proposal.

 

·          As part of the development the applicant is required to provide and maintain public facilities that include public toilets, public pontoon and a footpath that would follow the loop road. The above are key facilities that would be considered a public benefit of the development. 

 

·          The applicant by letter dated 22 June 2009, has agreed to the provision of a single accessible public toilet which is within the building and which would be open and maintained when the boatshed is staffed by the Sydney University staff.  The University has agreed to provide for a gravel footpath beneath Figtree Bridge to join existing foot paths.  Also included is an offer to provide a fish cleaning table and wash basin connected to the existing water pipes to a value of $5000.  The letter also makes an offer of a contribution towards the rectification of the decking above existing concrete piers of their former boat shed.  Full details are contained in AT1.

 

·          The proposal is recommended for approval as a deferred commencement consent. The applicant would be requested to provide a plan showing the location and design of the various amenities listed above. If the above facilities do not receive Council’s approval the consent would not become activated. Any amended application that includes the provision of public toilets on the subject site will require the consent from the NSW Department of Lands and the Department of Water and Energy. If the above approvals cannot be obtained the development consent cannot be activated.

 

Background Information:    

 

The applicant has provided the following information:

 

The original Sydney University boathouse at Linley Point Reserve was constructed in 1965 and was destroyed by fire in March 2006.   In the interim, the Sydney University Boat Club has been hosted at the St Ignatius College Boat Shed on Tambourine Bay.  The Club has maintained its position as a premier rowing club with 17 members in the Australian Rowing Teams in 2007 despite the cramped conditions and shared facilities.

 

At the time of construction the original shed was designed primarily to accommodate the Sydney University men’s crews. Intervarsity races at this time were limited to an eight, four, pair and single, and competitors were limited to a single event.  This represented a maximum of approximately 20 people. The original design of two boat bays was adequate to suit that purpose.

 

By 2000 the growth of the sport and development of the club to an elite standard for both men and women increased the usage to around 35 people at each session.  Elite competition now requires that each rower compete in single, pair, four and eight. In most cases boats are individually set up for each competitor. This resulted in a minimum of 15 boat seats per competitor and created the need for a large fleet to service a small number of elite competitors.

 

At the time of the fire in February 2006 the boathouse was overflowing with the Club and private sculls of the 32 competitors preparing for the National Selection Trials. In excess of 40 boats of varying sizes were destroyed in addition to 6 speedboats and around 300 oars.

 

Following the fire, discussions commenced with NSW Maritime and Lane Cove Council to replace the facility. Analysis revealed several factors that had changed since construction of the original building including:

 

-      Significant increases in traffic along Burns Bay Road;

-      Development of residential areas at Riverview;

-      Increases in moorings in Burns Bay; and

-      Increased site usage and parking limitations.

 

In addition, changes to statutory requirements affected the type of building that could be provided. Sydney Harbour REP (Sydney Harbour Catchment) 2005 identified Linley Point reserve as a wetland site. New South Wales Maritime strongly encouraged the opening up of foreshores and the placement of buildings on land rather than over water.

 

An extensive assessment of 3 sites was carried out and the outcome discussed with Council. It was generally agreed that the Cunninghams Reach Park site appeared to present the preferable option for the relocation of the boat shed. Assessment of these factors has indicated that Cunninghams Reach is a more suitable location for the boat shed.

 

History of Current Development Application:

 

-      The application was lodged on 8 July 2008.

 

-      The application was notified on 17 July 2008.

 

-      The application was referred to the Roads and Traffic Authority (RTA) on 5 August 2008. A response was received from the RTA on 19 September 2008.

-      The application was referred to the Foreshore and Waterways Planning and Development Advisory Committee on 5 August 2008.  A response was received on 3 September 2008.

 

-      The application was referred to the NSW Department of Lands on 5 August 2008.  No response was received although comments were already received as part of the development application.

 

-      The application was referred to the NSW Department of Primary Industries (Fisheries) on 5 August 2008.  A response was received on 18 August 2008.

 

-      The application was referred to NSW Maritime on 29 August 2008. A follow up letter was sent on 15 October 2008. A response was received on 28 October 2008.

 

-      The application was referred to the NSW Department of Water and Energy on 5 August 2008. A response was received on 25 September 2008.

 

-      The application was referred to Council’s Environmental Health Officer on 5 August 2008.  A response was received on 8 August 2008 requesting additional information and a letter was forwarded to the applicant requesting additional information on 11 August 2008.  The additional information was received from the applicant in mid October 2008 and a response from Council’s Environmental Health Officer was received on 17 October 2008.

 

-      The application was referred to Council’s Development Engineer on 5 August 2008.  A response was received on 20 August 2008.

 

-      The application was referred to Council’s Manager Open Space on 5 August 2008. A response was received on 5 September 2008. On 18 November 2008 Council’s Tree Assessment Officer provided appropriate draft conditions of approval.

 

-      The application was referred to Council’s Building Surveyor on 5 August 2008.  A response was received on 5 September 2008.

 

-      The application was referred to Council’s Heritage Adviser on 5 August 2008. A response was received on 12 September 2008. No objection was raised to the proposal.

 

-      The application was referred to Council’s Manager Strategic Planning in early October 2008.  A response was received on 17 October 2008.

 

-      The application was referred to Council’s Urban Design Consultant on 15 October 2008.  A response was received on 30 October 2008 raising concerns regarding the design of the building. In response to the Urban Design Consultant’s concerns a meeting was held with the applicant on 12 November 2008.  At that meeting the applicant was requested to discuss the concerns raised by Council’s consultant as soon as possible.

 

-      On 18 November 2008 the applicant’s architect and Council’s Consultant met to discuss the application.  On 28 November 2008 Council’s Urban Design consultant advised Council that the applicant should further review the proposed design. On 9 December 2008 the applicant’s architect was advised on the above. On 16 December 2008 the applicant’s architect advised that he would meet with Council’s Consultant to discuss further amendments to the proposed building. In response a meeting was held on 21 January 2009 with the applicant’s architect to further discuss the issues raised by Council’s Consultant. On 2 February 2009 the applicant’s architect advised he had met with Council’s Consultant and had resolved most of the outstanding issues relating to the design of the building.

 

-      On 4 March 2009 the applicant’s architect advised that a number of changes were made to the design of the building and that amended plans would be submitted to Council’s Urban Design Consultant.

 

-      On 17 March 2009 revised plans were submitted to Council and these plans were submitted to Council’s Consultant for comment. On 30 March 2009 Council’s Urban Design consultant raised no objection to the amended proposal subject to conditions.

 

-      The amended plans were again notified for 14 days on 30 March 2009.

 

-      The application was referred to Council’s Manager of Traffic on 5 August 2008. A response was received on 21 August 2008 raising concerns regarding car parking and traffic.  This was discussed with the applicant on 15 October 2008 and the applicant advised that he would instruct his traffic consultant to discuss the matter with Council’s Manager of Traffic. At a meeting held with the applicant and Council on 12 November 2008 the issue of car parking and traffic were raised again.  On 9 December 2008 the applicant’s architect advised that he would again instruct his traffic consultant to contact Council’s Manager of Traffic regarding the car parking and traffic issues. On 27 January 2009 advice was received from Council’s Manager of Traffic regarding car parking and traffic issues. A letter was sent outlining the above concerns. In response to Council’s letter a meeting was held with the applicant and Council on 9 February 2009. On 17 March 2009 a supplementary traffic report was submitted to Council for consideration. Council’s Manager of Traffic advised on 1 May 2009 that there is no objection to the proposed development subject to appropriate conditions.

 

-      On 12 November 2008 the applicant was requested to address the issue of safety and security. The applicant advised that he would obtain written advice from NSW Police Force. On 17 March 2009 advice was received raising no objections to the proposed development.

 

-      On 22 June 2009, the applicant submitted a letter detailing the amenities that they are proposing to provide on the site to ensure enhanced public amenity.

 

The Site:

                                   

The subject site is public land, used for recreational activities by the general public and it is administered and maintained by Lane Cove Council.

 

The site is an elongated park along the Lane Cove River, adjacent to and well below Burns Bay Road at Linley Point.  Vehicular access to and from the site is from Burns Bay Road, via a sealed, single lane, one-way loop road that passes under Fig Tree Bridge.

 

The key topographic feature of the site is a rock face, of between 1 – 8 metres in height, set parallel with Burns Bay Road.  This exposed rock face is the result of quarrying undertaken in the 1960’s. Land above the rock face, extending up to Burns Bay Road, is steep and well vegetated, other than for a section of the loop road. Land from the base of the rock face across to the river is essentially level, further confirming the extent of prior disturbance to this area of the foreshore.

 

Vegetation comprises expansive areas of grass and numerous pockets of vegetation. The riverbank, for its entire length at Cunninghams Reach, is defined by a rock wall and tree line.  Site Location Plan and Neighbour Notification Plan attached AT2 and AT3.

 


Surrounding Area:   

 

The land on the western side of Lane Cove River is occupied by Boronia Park within the Hunters Hill Local Government Area. On the eastern side of the site is Burns Bay Road with residential development further east. The subject site is out of direct sight of the residential development apart from the tree cover adjacent to Burns Bay Road. To the north of the site is bushland and further away are residential dwellings of varying height and scale.

 

Existing Development:

 

The site is located between the eastern bank of the Lane Cove River and Burns Bay Road, Linley Point. Facilities include a sealed car park with car parking for about 25 vehicles, a BBQ, picnic benches and seats. The subject site contains no buildings. A number of on site inspections (including weekdays and weekends) have revealed that the subject site (northern section of the park) is used on weekends (busy period) by many anglers who fish along the foreshores of the park. It appears that this particular section of the park (northern section) is mainly used for fishing along the foreshore.

 

Proposal:                  

 

The proposal consists of the following components:

 

Building/Structure   

 

-      Extension and upgrading of an existing pathway to provide a defined pedestrian access from the car park to the river bank, which will continue north adjacent to the river for the frontage of the site.

-      Construction of a two-storey building.

-      Construction of a deck and ramp providing access to a pontoon in the river, set adjacent to the riverbank, at the northern end of the site.

 

Use of Structure and Site

 

The development would be used for the following purposes:

 

-      As a modern training facility for Sydney University Boat Club only.

 

-      The facilities within the building would include video analysis facility, massage area, change rooms, toilets, hydrotherapy / recovery room and a small kitchenette for early morning breakfast for users (not the general public) of the facility.

 

-      Storage of sculls and rowing boats, small speed boats and occasional trailer storage.

 

-      The pontoon and jetty would be used for the launching of rowing boats being used for training purposes by the club members. The pontoon and jetty would also be available for usage by the public at all times. The public would not be denied access to the pontoon and jetty. The club would maintain the pontoon and jetty.           

-      The premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness. The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area.

 

-      Rowing boats stored in the building and used on the Lane Cove River would only be used for training at this location. Rowing boats would be transported on trailers to regatta venues elsewhere.

 

-      The development would not be used for a venue for regattas, a café, restaurant, licensed club, function centre, boathouse or for accommodation.

 

-      No loud speakers are proposed to be used on training boats on the waterways or within the site.

 

Number of Users     

 

It is anticipated that approximately 25 athletes would use the facility in the morning and approximately 15 athletes in the afternoons, assisted by coaching staff of 1 – 3 people.

 

Hours of Operation

 

Monday – Friday 5.30am – 8.30am:

 

Training for elite athletes sponsored by the Institute of Sport (except on Thursdays at present). The training would usually involve the same group of athletes each morning who tend to travel together, usually 2 to 3 athletes per car.

 

Monday – Friday 4.00pm – 6.00pm:

 

A new juniors program for local school students involving approximately 15-16 children attending in the afternoons, with the majority of students travelling in groups in a small community bus.

 

Saturday 5.30am – 8.30am:

 

Training for elite athletes unless they are involved in racing events at other locations.

 

Saturday Afternoons:

 

New juniors program, same as weekday afternoons, although the number of students involved is likely to be lower than on weekdays.

 

Sundays Mornings:

 

Minimal activity (training for individual athletes if required).

 

Sunday Afternoons:

 

Closed, except to return boats after Saturday events elsewhere.       

 

Floor Space

 

-      Ground floor: 829sqm

-      First floor: 454sqm

-      Total: 1,284sqm

 

Setbacks from River

 

-      Minimum 9.756m

-      Maximum 14.562m

 


Maximum Height

 

-      10.3m (RL 14m)

 

Ground Floor Facilities

 

-      Covered entry and foyer

-      Male and female change rooms

-      Accessible facility

-      Coach’s change room

-      Hydrotherapy pool room

-      Lift and stairwell

-      Extensive boat storage areas

-      Repair bay, workshop and storage area

-      External boat wash area

 

First Floor Facilities

 

-      Balcony

-      Video analysis room

-      Massage/recovery area

-      Ergometer area

-      Kitchen and breakfast area

-      Office

-      Various storage rooms and amenities

-      Lift and stairwell

 

Commemorative Plaque

 

It should be noted that a commemorative plaque for the fig trees planted on site in 1995 is located on the cliff face. The proposed building would obscure the view of the plaque. The applicant has indicated on the submitted amended plans that the plaque would be relocated near the eastern end of the path near the proposed building. The applicant has not indicated whether the plaque would be mounted on a pole or located at ground level.       

 

As a condition of approval the applicant would be required to provide further details of the location and housing of the plaque.

 

Amended Plans

 

Following discussions with the applicant, amended plans were submitted to Council on 20 March 2009.  The changes include:

 

-      Roof direction on upper floor.

-      Orientation of ventilated highlights.

-      External colours reselected to a grey/green scheme.

-      Change in external materials on upper levels to remove fibre cement sheeting.

-      Verandah shape carried from semi-round to rectangular.

-      Water tank numbers increased and regularised as a design feature.

-      The identification wall on the south side detached from the main structure.

-      The roof over the southern end (female change rooms) pitched toward the water.

-      Metal cladding above roller doors varied to be consistent with the roller doors.

-      Minor changes to internal layouts to accommodate structural changes necessitated by the change of roof directions.

-      The graphic faced perforated metal screens over windows change in some cases from rhomboid to rectangular shapes.

-      Amendments to the stormwater and erosion control plans to accommodate the new layout of water tanks.

 

STATUTORY REQUIREMENTS - ASSESSMENT:

 

Section 79C(1)(a) The provisions of any environmental planning instrument, any draft environmental planning instrument that is or has been placed on public exhibition, any development control plan, and any matter prescribed by the regulations.

 

The site is subject to a number of statutes due to:

 

-      Its location involving the river foreshore and riverbed of Lane Cove River.

-      Land ownership by the Crown (Department of Lands and RTA).

-      Classification of land under Local Government Act 1993.

-      Need for planning permission under the NSW Environmental Planning and Assessment Act 1979.

 

Accordingly comments are provided on the following relevant statutes below.        

 

Integrated Development under the Environmental Planning and Assessment Act 1979

 

The proposed development is “Integrated Development” under the Environmental Planning and Assessment Act 1979, as it requires referral to and comments of the following Departments:

 

-      Department of Water and Energy - Water Management Act 2000. Approval from the Department of Water and Energy has been received.

-      Department of Primary Industries - The application was referred to Department of Primary Industries on the basis that the proposed development would potentially create an obstruction, across or within a bay, inlet, river or creek, or across or around a flat. Advice was received that no approval was required under the Fisheries Management Act 1994.

-      Department of Lands - As part of the proposal is on Crown Land. Comments were received and are discussed later in the report.

-      Waterways Planning and Development Advisory Committee - The application was referred to NSW Maritime - Waterways Planning and Development Advisory Committee as the proposed development will be located on the foreshore of the river.

-      Roads Traffic Authority - The application was referred to the RTA for advice as to whether any part of the subject site is required for road purposes. The RTA has no proposal that requires any part of the subject property for road purposes. No objection was raised to the proposed development subject to the imposition of conditions.   

Relevant Acts

 

Local Government Act 1993

 

The subject site is classified as ‘community land’ under the Local Government Act 1993. To address associated statutory requirements Council adopted the Lane Cove Community Land Management Plan - December 2000. This Plan provides generic plans of management for 10 broad categories of community land and nominates core objectives for each land category and performance targets.

The land would be subject to the “Foreshores” generic plan of management.  The objective of this plan is:

 

-     To maintain the foreshore as a transition between the aquatic and terrestrial environment, and to protect and enhance all functions associated with foreshore’s role as a transition area;

Comment:

 

The foreshore along the subject site is defined by both informal and formal rock walls. The form, location and presentation of the foreshore in this locality would not be altered by this proposal. As part of the development application an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded as follows:

 

“It is concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality. There could be a net benefit for the aquatic ecology of the locality by virtue of the provision of some additional hard substratum habitat (wetted surface areas of the pontoon and of the support piles) for colonisation by marine biota including algae, which could colonise the shallow wetted surface areas of the pontoon.

It is also concluded that the proposed facility would meet the aims of aquatic ecological conservation of the Fisheries Management Act (1994) for the protection of aquatic habitats and would meet the performance criteria for the conservation of aquatic communities with high conservation status, as detailed in the DCP for Sydney REP (Sydney Catchment) 2004.”     

 

-     To facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use;

 

Comment

 

The interface between the river and the land would not be altered by the proposed development. The construction, design and use of the proposed building would not result in any adverse effects upon the natural environment in particular in terms of air and water quality.

 

The performance targets of this plan are:

 

-     Remaining rock outcrops, cliff lines and vegetated foreshores protected;

 

Comment

 

The exposed rock face adjacent to the proposed building is a result of quarrying from the 1960’s.  The rock face would not be altered by the proposed development and the vegetated foreshore would be maintained.

 

-     The foreshore form remains as close as is practical to the natural character;

 

Comment

 

The proposal due to its careful design does not alter the existing location, structure or presentation of the foreshore.

 

 

 

-     Continuous line of any natural feature is preserved and remains the dominant feature in the landscape;

 

Comment

 

The riverbank and rock wall are the most dominant features of the immediate locality and would not be significantly altered by this development proposal.

 

-     Littoral vegetation is preserved and enhanced; and

 

Comment

 

Existing vegetation along the foreshore would be maintained and embellished by the proposed development.

 

-     Vegetation cover is maintained on the upper slopes and ridgelines, along drainage lines and within visually prominent areas.

 

Comment

 

The upper slopes above the proposed building would be unaltered, and also would be revegetated by this proposal.

 

It is considered this proposal is generally consistent with the terms of Council’s Plan of Management for the site.

 

Crown Lands Act 1989

 

Part of the site is Crown land, in particular Lot 7101 DP 1055655, which is under the ownership of the Department of Lands.  Council has the care, control and management of that land. 

 

Objects of the Act:

 

The objects of this Act are to ensure that Crown land is managed for the benefit of the people of New South Wales, and in particular to provide for:          

 

(a) a proper assessment of Crown land,

(b) the management of Crown land having regard to the principles of Crown land management contained in this Act,

(c) the proper development and conservation of Crown land having regard to those principles,

(d) the regulation of the conditions under which Crown land is permitted to be occupied, used, sold, leased, licensed or otherwise dealt with,

(e) the reservation or dedication of Crown land for public purposes and the management and use of the reserved or dedicated land, and

(f) the collection, recording and dissemination of information in relation to Crown land.

The principles for the proper development of Crown Land are set out in Section 11 of the Act. The following principles are discussed below:

 

Compliance with the Principles

 

-     That environmental protection principles be observed in relation to the management and administration of Crown land;

Comment

 

Appropriate measures would be required to be implemented for the collection and disposal of stormwater.  Also the development would be required to provide landscaping of the areas surrounding the works, so as to ensure that once operational, use of the building and pontoon would not create adverse environmental impacts.

 

-     That the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible;

 

Comment

 

The design and location of the proposal generally satisfies this principle. Best management practices should be required to be implemented to control runoff and soil erosion and to trap sediment in order to maintain satisfactory water quality in river. It is considered that no adverse impact in terms of flora, fauna and the ecosystem would result from the proposed development. It is noted that the development proposes additional landscaping involving a mixture of trees and shrubs, which includes natives. It is considered that the scenic quality of the locality would not be significantly affected by the development. The bulk, scale, building height, materials, textures, and colours (consistent with surrounding vegetation) of the proposal are such that when viewed from other parts of the area the development would not be a dominant feature.

 

-     That public use and enjoyment of appropriate Crown land be encouraged;

 

Comment

 

The primary attraction of the land is the river foreshore.  The proposed development would not hinder and diminish public access or enjoyment of the land and in particular the river foreshore.  As a result of the development the public would be able to enjoy the additional benefit of use the proposed ramp and pontoon and the other amenities proposed by the University in their letter of 22 June 2009.  However, the building site would no longer be generally accessible by the public.

 

-     That, where appropriate, multiple use of Crown land be encouraged;

 

Comment

 

The proposed development would encourage multiple use of the land without diminishing the primary form of public enjoyment of the land, being use of the river foreshore.  The surrounding area would be maintained as a passive recreational area for the enjoyment of the general public.

 

-     That, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and the land would continue to be managed in accordance with Council’s Plan of Management; and

 

-     That Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.

 

Comment

 

The proposal is generally consistent with the terms of Council’s Plan of Management for the site.

 


ENVIRONMENTAL PLANNING INSTRUMENTS

 

Lane Cove Local Environmental Plan 1987 (LEP)

 

The proposed development is subject to Clauses 2, 7, 8, 9, 15, 16, 18A, 18D, 18E and 18G of Lane Local Environmental Plan 1987 and are discussed below: -

 

Clause 2 - Aims & Objectives

 

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

 

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

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

 

The particular aims of this plan in relation to the provision of open space and management of foreshore land: 

 

(i)         to preserve and where appropriate restore identified privately owned bushland areas,

(ii)        to include identified bushland areas previously included in existing open space zones in an open space bushland zone,

(iii)       to restrict certain development within 30 metres of the Lane Cove River foreshores,

(iv)       to make provision for rights of public access to increased areas of foreshore land and to link existing open space areas (public enjoyment and access to open space areas are to be maximised by the construction of foreshore walks),

(v)        to provide for dedication wherever possible of foreshore land as a condition of development consent to development on the foreshore, and

(vi)       to regulate the visual impact of all development within foreshore areas having regard to height, bulk, colour and texture of materials and design,

 

Comment

 

The proposed development generally satisfies the above objectives. It should be noted that objective (iii) that restricts certain development within 30 metres of Lane Cove River foreshores is discussed below.

 

Firstly this objective does not seek to prohibit development within 30 metres of the foreshores.  It seeks to impose greater restrictions on certain developments in the vicinity of the foreshores of the Lane Cove River than in other locations. 

 

Secondly it is considered that the proposed development, which is located within 30 metres of the foreshore, is appropriate at this location in terms of its design, which is compatible with the surrounding area. Due to its materials, textures and in particular its colours it is considered that the proposed building would fit within the foreshore and not adversely impact on the scenic quality of the area.

Thirdly the proposed boatshed development, by its very nature, interacts directly with the river and the foreshore and must be located close to the river.

 

The assessment has not identified any circumstance that would be inconsistent with these objectives. The proposed development satisfies the Aims and Objectives of the Lane Cove Local Environmental Plan 1987. 

 

Clause 7 - Consent Authority

 

Comment

 

Lane Cove Council is the Consent Authority for this Development Application.          

 

Clause 8 - Zones Indicated on the Map  

 

Comment

 

Allotments 7101 DP 1055655 and Lot 2 DP 1117218 are within the 6(a) Open Space (Recreation) Zone under Lane Cove Local Environmental Plan 1987. Part of Lot 7101 DP 1055655 is within the 6(b) Bushland ‘B’ Zone. The proposed development will be located totally within the 6(a) Open Space (Recreation) Zone. It should be noted that the subject site is not zoned ‘Environment Protection’ under the LEP. 

 

Clause 9 - Zone Objectives and Development Control Table

 

Development permissible (with consent) within the current 6(a) Open Space (Recreation) Zoning includes:

 

Drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purposes of gardening, gardening, landscaping and bushfire hazard reduction.

 

Recreation area means:

 

(a)  a children’s playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community, and

(d)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include racecourses or showgrounds.       

                     

The objective of the zone is to provide passive and active recreation facilities to meet the community’s reasonable identified needs.

 

Comment

 

It is considered that the proposal conforms to the definition of a ‘Recreation Area’ and therefore, is permissible within the 6 (a) Open Space (Recreation) Zone, subject to the consent of Council. Also it is considered that the proposed development satisfies the objective of the zone.

 

Clause 15 - Recreation Areas    

              

Clause 15 states that: The council shall not consent to the carrying out of development on land within Zone No 6(a) or 9(a), being land owned or controlled by the council, unless it has made an assessment of:

 

a)   The need for the proposed development on that land,

b)   The impact of the proposed development on the existing or likely future use of the land, and

c)   The need to retain the land for its existing or likely future use.

 

Comment

 

This proposal replaces an existing facility, but in a more appropriate location.  The proposed building is more than adequately setback (between 9.7 and 14.5 metres) from the river foreshore, which is the primary attraction for existing users of the site.  Accordingly it is considered that the existing and future public enjoyment of Cunninghams Reach for public recreational activities would not be eroded in the future.  In fact it is considered that the pontoon structure would encourage increased use of the area from recreational water craft and anglers alike.

 

Clause 16 - Preservation of Trees

 

Comment

 

30 trees are proposed to be removed. The application was referred to Council’s Tree Assessment Officer for assessment.  No objections were raised to the proposal subject to the imposition of specific conditions.  The conditions relate to measures to protect trees and controls on excavation in the proximity of existing trees.

 

Clause 18A - Protection of Heritage Items, Heritage Conservation Areas and Relics

 

Comment

 

The subject site is not listed as a Heritage Item under Lane Cove Local Environmental Plan 1987 and the site is not located within a Heritage Conservation Area. The application was referred to Council’s Heritage Advisor for comment. Council’s Advisor has indicated that:

 

“It is important that public access is available to all open areas surrounding the building and that access to the foreshore is not restricted.”

 

The Advisor has no objection to the proposed development in terms of heritage impact, provided the issues of access and views are accommodated. The development would ensure that public access is available around the building and along the foreshore.   

 

Clauses 18D - Development of Known or Potential Archaeological Sites

 

Comment

 

Cunninghams Reach is listed in Schedule 5 of Lane Cove Local Environmental Plan 1987 as being a potential archaeological site. As part of the Development Application the applicant was requested to undertake a search of the Department of Environment and Climate Change’s (NSW) Aboriginal Heritage Information.

 

A search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS) confirms that there are no aboriginal objects or places recorded in or near the subject site. Council’s Heritage Advisor has advised as follows:     

 

“In terms of archaeological significance, this area of the site is unlikely to yield relics of potential significance as the site is not affected by any known activity of European settlement. The park comprises an artificially constructed landscape, therefore obscuring any evidence of indigenous relics, and remnants of aboriginal middens would occur closer to the tidal zone.”

           


Clause 18E - Development on Land Adjoining Heritage Items or Archaeological Sites

 

Comment

 

The subject site does not adjoin a Heritage Item or archaeological site under Lane Cove Local Environmental Plan 1987.

 

Clause 18G - Conservation of Landscape/Riverscape Qualities

 

Council is required to consider the impact of the development on the heritage significance of the Lane Cover River or a landscape feature.

 

Comment

 

The proposed development would be visible from the river. The proposal was submitted to the Waterways Committee for comment. The committee did not raise objection to the proposal but did recommend specific conditions to address the Conservation of Riverscape qualities in the context of the Lane Cove River. 

 

REGIONAL ENVIRONMENTAL PLANS        

          

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (REP)

 

The Plan covers the area of Sydney Harbour, including Lane Cove River. The Plan aims to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways.  It establishes planning principles and controls for the catchment as a whole.

 

Part 2 of the Plan provides planning principles in the preparation of Local Environmental Plans and Development Control Plans, environmental studies and master plans, which are not relevant to this application.

 

Part 3 of the plan applies to the Foreshores and Waterways area. It sets out various development controls, matters for consideration, special provisions and matters relating to the Foreshores and Waterways Planning and Development Advisory Committee.

 

Permissibility

 

The land component is located within a defined foreshore area, but is not within any zone established under the Regional Environmental Plan (REP). However the REP applies a ‘W2 Environment Protection’ zone to that part of the Lane Cove River adjacent to Cunninghams Reach.  Consequently Part 3 of the Plan is therefore applicable as the proposal includes the construction of a deck, ramp and pontoon within the W2 zone for use by the Sydney University Boat Club and also by the general public.  The proposed pontoon and associated elements is defined by the REP as a recreational or club facility being:

 

a building or place used exclusively for sporting or leisure activities, whether operated for the purpose of gain or not.

 

Comment

 

A recreation or club facility is permissible with consent within the W2 Environmental Protection zone in accordance with Clause 18 of the REP. The proposed pontoon would be considered part of a club facility, as the Sydney University Boat Club could not operate without this particular facility.

 

Objectives

 

The objectives for the ‘W2 Environment Protection’ zone are to:

 

(a) protect the natural and cultural values of waters in this zone,

(b) prevent damage or the possibility of longer term detrimental impacts to the natural and cultural values of waters in this zone and adjoining foreshores,           

(c) give preference to enhancing and rehabilitating the natural and cultural values of waters in this zone and adjoining foreshores,

(d) provide for the long-term management of the natural and cultural values of waters in this zone and adjoining foreshores.

Comment

 

The proposed pontoon and associated structures are consistent with the above objectives.

 

Matters for Consideration

 

Clauses 22 - 27 of the REP set out matters for consideration with regard to development within the foreshores and waterways area. These issues are addressed below:

 

Clause 21-Biodiversity, ecology and environment protection

 

Comment

 

The site and adjacent waterway do not support any threatened terrestrial and aquatic ecological species or communities. Retention of the existing seawall ensures that the existing interface between the river and foreshore remains unaltered.

 

Clause 22-Public access to, and use of, foreshores and waterways

 

Comment

 

The proposal includes upgrading and extension of the existing pedestrian pathway adjacent to the foreshore. The proposed location of the pontoon and associated structures at the northern extremity of the site, (where pedestrian access along the riverbank terminates due to topographic constraints), ensures that public access along the river foreshore will remain.

 

Clause 23-Maintenance of a working harbour

 

Comment

 

Not applicable.

 

Clause 24-Interrelationship of waterway and foreshore uses

 

Comment

 

The proposed development would not prevent access to, and use of the Lane Cove River and its foreshores. It is considered that the pontoon has been designed and located to minimise encroachment into the navigable areas of the river.

 


Clause 25-Foreshore and waterways scenic quality

 

Comment

 

It is considered that the scale, building form, careful design, colours, materials, textures and siting of the building and pontoon have been formulated to minimise visual intrusion in order to maintain the scenic qualities of the immediate locality. It should be noted that the recreational character of the site is within the context of an urbanised area and includes elements such as Fig Tree Bridge and various large dwellings houses, which are clearly visible from Lane Cove River.

 

Clause 26-Maintenance, protection and enhancement of views

 

Comment

 

Although the building will be visible from the river, it is considered that it will not diminish the quality or value of the view from the river given its form, presentation and location.  Views of the river over Cunninghams Reach are limited from Burns Bay Road due to prevailing topography and vegetation. The building would not be visible from residential development in Linley Point, east of Burns Bay Road, again due to topography and vegetation. The building will be basically tucked away behind an escarpment and will not be visible from Burns Bay Road.

 

Clause 27-Boat storage facilities

 

Comment

 

No boats are proposed to be moored on the pontoon or on the river.

 

Foreshores and Waterways Planning and Development Advisory Committee

 

Clauses 28 - 31 of the REP deal with consultation with the Foreshores and Waterways Planning and Development Advisory Committee.

 

Comment

 

The application was referred to the committee and is addressed latter in the report.

 

Heritage Items

 

Part 5 of the REP deals with heritage items identified in Schedule 4 of the Plan.

 

Comment

 

The site is not a listed heritage item under the Plan, nor is it in the vicinity of any item listed in that schedule. It should be noted that the remains of a baths in Boronia Park, on the western side of the river opposite the site, (within the Hunters Hill Local Government Area) is a listed heritage item. The proposed development is located well away from the above heritage item and would not have any adverse impact on the subject heritage item.

 

Aboriginal Heritage Significance

 

Clause 57 of the REP addresses matters of Aboriginal heritage significance.

 


Comment

 

The REP states that before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, Council must consider an Aboriginal heritage impact assessment. Cunninghams Reach is listed in Schedule 5 of Lane Cove Local Environmental Plan 1987 as being a potential archaeological site. As part of the Development Application the applicant was requested to undertake a search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS). A search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS) confirms that there are no aboriginal objects or places recorded in or near the subject site.  On this basis clause 57 of the REP is satisfied.

 

Wetland Protection

 

Clauses 61 - 63 of the REP address the issue of wetland protection.

 

Comment

 

There are no immediate wetlands in the location of the site. It should be noted that there are wetlands along the western shore of the river, opposite the site, and further south near Fig Tree Bridge. Those wetlands are some distance from the proposed development and will not be adversely affected.

 

Regional Environmental Plan Development Control Plan (DCP)

 

The REP is also supported by a Development Control Plan, which provides detailed design guidelines for development and criteria for natural resource protection for the area identified as Foreshores and Waterways area. The relevant provisions of the DCP are addressed below.

 

Ecological Assessment

 

Section 2 of the DCP addresses the ecological assessment of proposed development. Various performance criteria are provided to conserve biological diversity within and around Sydney Harbour to ensure that:

 

-     ecological communities, particularly those which form wildlife habitats, are protected and where feasible enhanced;

-     development is sited to retain native vegetation, wetlands and natural foreshores;

-     development is accompanied by revegetation and rehabilitation of degraded foreshores, where appropriate; and

-     development does not impact adversely on water quality.

 

The ecological communities and their conservation status, as established by the DCP, relevant to Cunninghams Reach and the adjacent section of the river, are shown below:

 

 

Community Type

Conservation Status

Terrestrial communities

Grassland

Low

Aquatic communities

Mixed rock intertidal and mudflats

High

 

The performance criteria for each of these two communities, relative to their conservation status, are considered below:

 

Terrestrial Communities - Low Conservation Status

 

Vegetation Protection

 

To conserve and enhance vegetation

           

Comment

 

Proposed landscaping of the subject site would offset any loss of vegetation associated with construction of the development.

 

Reduce Predation Pressure

 

To minimise the risk of predation on native fauna species by domestic pets.

 

Comment

 

Not applicable given the nature of the proposal.

 

Soil Conservation and Pollution Control

 

To minimise impacts associated with soil erosion, water siltation and pollution.

 

Comment

 

The proposed development (subject to appropriate conditions of approval) is considered unlikely to cause pollution or siltation of the nearby waterway. The proposal is therefore not likely to have an adverse impact in terms of water quality. Best management practices should be required to be implemented to control runoff and soil erosion and to trap sediment. Appropriate conditions of consent would ensure that the proposed development would not adversely impact on the water quality of the adjoining waterway.

 

Aquatic Communities - High Conservation Status

 

Controlling Shading

 

To minimise impacts from shading on communities of high conservation value.

 

Comment

 

The DCP maps do not identify that any seagrass beds, mangroves or the like are located adjacent to Cunninghams Reach.

 

Avoiding Harmful Effects of Reclamation

 

To minimise the effects from reclamation.

 

Comment

 

No reclamation works are proposed.

 


Urban Run-off

 

To minimise the effects from urban run-off.

 

Comment

 

Appropriate sediment and pollution controls, both during construction and after the development is complete and occupied, can be ensured via draft conditions of consent.

 

Dredging

 

To minimise the effects of dredging.

 

Comment

 

No dredging is proposed for the development.

 

Physical Damage

 

To minimise physical damage to communities of high conservation value.

 

Comment

 

Works proposed within the river, and along the riverbank are limited and should be undertaken without any adverse impacts.

 

Tidal Flows/Currents

 

To minimise changes to natural tidal flow/currents.

 

Comment

 

Due to its location and design, it is considered that the proposed pontoon would cause minimal interference to natural tidal movements.

 

Landscape Assessment

 

Part 3 of the Plan addresses the issue of Landscape Assessment. The DCP classifies sections of the Harbour into a number of different landscape character types. Performance criteria are devised for each area.

 

The subject site falls within Landscape Character Type 13, which applies to the upper end of the Lane Cove River from Fig Tree Bridge and including Tambourine and Burns Bays. The performance criteria for Landscape Character type 13 are addressed below:

 

Sited and designed to protect the current natural foreshore and views of the ridgeline

 

Comment

 

The proposed building has been more than adequately setback from the river to minimise the impact on views of the foreshore from the river. Views of the ridgeline would remain unaltered, as the local topography to the east, beyond the building, is significantly higher than the subject site.

 

Retains the character of the enclosed water body or bay by maintaining the visual dominance of the natural features and preserving key points and entry into these areas in their natural state

 

Comment

 

The design, position and presentation of the building and jetty would ensure that current views along the river will remain basically unaltered.          

 

The vehicle entry to Cunninghams Reach is via the existing loop road under Fig Tree Bridge. No changes to the loop road are proposed. Views are also from Burns Bay Road on Fig Tree Bridge. Local topography and the distance separating the development from those points will ensure that the current visual character is not altered.

 

Littoral vegetation is preserved and enhanced and consideration is given to its importance in maintaining a sense of enclosure within the waterway.

 

Comment

 

The proposed development does not propose to remove any Littoral vegetation along the foreshore.  The DCP does not identify the existence of either seagrasses or mangroves adjacent to the site. 

 

The dense native vegetation from the shoreline to the ridgeline, along drainage lines and within visually prominent areas, is protected.

 

Comment

 

The proposed development satisfies the above requirement.  

 

Views of the natural features from the waterway should, as far as possible, remain undisturbed and encroachment into natural areas should be avoided

 

Comment

 

Although the site does support various types of vegetation, the ‘Ecological Communities and Landscape’ map in the DCP classifies Cunninghams Reach as comprising grassland, of low conservation value. The proposed development proposes additional landscaping, which will further enhance the site.

 

Colours should match native vegetation as closely as possible with trim colours drawn from natural elements such as tree trunks and stone

 

Comment

 

In terms of colours, materials and textures Council’s Urban Design consultant has requested that the following conditions be imposed on any development approval:

 

1.   The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to these walls shall be provided.

 

2.   The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

 

3.   The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

 

4.   The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.

 

The consultant has indicated that the above adjustments to the colours as required above will further enhance the building’s contribution to the river.

 

Guidelines for developments that are water-based at the land/water interface

 

Part 4 of the DCP provides guidelines for developments that are water-based or located at the land/water interface. The considerations included in Part 4 of the Plan are addressed below:

 

Foreshore Access

 

Comment

 

Access will be maintained and improved by extending and upgrading the existing pathways. The proposed development will not hinder access along the foreshore.   The applicant has offered in their letter of 22 June 2009 to provide a gravel path over the service trenches beneath Figtree Bridge to join existing footpaths.  Council’s Engineers have advised that this footpath should be concrete, not gravel.  This has been reflected in the draft deferred commencement conditions.

 

Siting of Buildings and Structures

 

Comment

 

It is considered that the location of the proposed building and pontoon satisfactorily addresses the waterway. The location of the building and pontoon are considered to respond satisfactorily to local topography and the shoreline respectively. Similarly the position of the building will not obstruct views of any landmarks or major features.

 

Built Form

 

Comment

 

Council’s Urban Design consultant has provided the following comments regarding the building form:

 

“Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building will sit comfortably within its site and would not dominate Linley Point”.

 

In view of the above comments it is considered that the proposed building form is satisfactorily.

 

Signage

 

Comment

 

Only building identification signage is proposed for the development. An appropriate condition of approval would prohibit any advertising sign or structure on the subject site.

 


Marinas

 

Comment

 

No marina is proposed.

 

Landing Facilities

 

Comment

 

It is considered that the pontoon is designed and located to minimise intrusion into the river, both visually and with regard to navigation on the river.

Reclamation

 

Comment

           

Not applicable.

 

STATE ENVIRONMENTAL PLANNING POLICIES (SEPP)

 

SEPP No 19 (Bushland in Urban Areas)

 

The proposed development is subject to SEPP No 19 as it adjoins bushland.  The policy aims to protect and preserve bushland within urban areas. 

Need for consent

 

Clause 6 provides that a person shall not disturb bushland zoned or reserved for public open space purposes without the consent of Council.

 

Subclause 6(4) provides that the consent authority shall not consent to such development unless:

 

(a)  it has made an assessment of the need to protect and preserve the bushland having regard to the aims of this Policy;

(b)  it is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland; and

(c)  it is satisfied that the amount of bushland proposed to be disturbed is as little as possible and, where bushland is disturbed to allow construction work to be carried out, the bushland will be reinstated upon completion of that work as far as possible.

 

Comment

 

In view of the nature, scale and design of the development, it is considered that no adverse impact in terms of drainage and sedimentation and impact on flora and fauna would result from the proposed development.

 

It is considered that the proposed development satisfies the aims of SEPP 19 and the heads of consideration of sub – Clause 6 (4).


SEPP No 44 (Koala Habitat)

 

Comment

 

The subject site is less than the Policy requirement of 10,000 square metres.  Accordingly the policy is not applicable.

 

SEPP No 55 (Remediation)

 

The provisions of State Environmental Planning Policy No 55 – Remediation of land requires that Council to investigate the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site.

 

Comment

 

A passive recreational park presently occupies the subject site. No contamination has been identified on the site.  The land has been used for many years for passive recreational purposes.  It is considered unlikely to contain any contamination.

 

Considerations

 

Clause 7 (1) of SEPP 55 prevents Council from consenting to a development unless:

 

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

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

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

 

Comment

 

In response to these matters it is noted:

 

Table 1 of the Department of Planning’s Planning Guidelines for Contaminated Lands identifies land activities, which may cause contamination. The Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, issued in 1992 by the Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council, also contains a table listing examples of land use that might result in land contamination. Neither of these documents identifies open space or recreation areas as being a possible cause of land contamination.

 

SEPP (Infrastructure) 2007

 

   The scale and location of the proposed development does not represent a Schedule 3 (Traffic generating development to be referred to the RTA) Column 1 or 2 type development under the Policy. Therefore, the proposal does not require referral pursuant to State Environmental Planning Policy (Infrastructure) 2007.

 

 

 

 

 

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Lane Cove Local Environmental Plan 2008 (Draft LEP) 

 

A Draft LEP has been exhibited and is awaiting gazettal by the Minister for Planning.  The site is within the RE1 Public Recreation zone under the Draft LEP.  The objectives of the RE1 zone are:

 

-     To enable land to be used for public open space or recreational purposes.

-     To provide a range of recreational settings and activities and compatible land uses.

-     To protect and enhance the natural environment for recreational purposes.

 

Development permissible (with consent) within the draft zoning includes:

 

Building identification signs; Business identification signs; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Utility installations.

Development which would be permissible without consent includes Environmental protection works.       

 

Comment

 

The proposed development would be permissible with consent.

 

ACID SULFATE SOILS

 

In terms of Lane Cove Council’s ‘Draft’ LEP 2005 Acid Sulfate Soil map the subject site, the site is not listed as being affected in terms of Acid Sulfate Soils.

 

REVELANT DEVELOPMENT CONTROL PLANS

 

As part of the Assessment of the Development Application Council’s relevant Development Control Plans must be addressed. This assessment is as follows:

 

Bushland Development Control Plan No 1

 

The subject site is affected by Development Control Plan No 1.  

 

Comment

 

The proposed development complies with the controls of Development Control Plan No 1 in terms of the bushland area, building and buffer zone, design, visual impact, solar access and views.

 

Access and Mobility Development Control Plan

 

The aims of this Plan are to ensure that new development is accessible and useable by all people within the community, including those people with a disability, to facilitate their full and independent participation in community life.

 

Comment

 

This proposal is consistent with the intent of this DCP as it includes:

 

-     A continuous path of travel, at a suitable gradient and free of any obstruction providing a direct connection between the car park and the principal entry into the building.

-     A passenger lift is proposed to provide ease of movement between the two levels of the building.

-     Accessible amenities on both floors of the building.

-     Continuous paths of travel throughout both floors of the building, free of any stairs or changes in level.

Advice received from Sydney University Rowing Club has indicated that the premises would be used by paralympians. So as to cater for people with a disability the proposed facility includes accessible change rooms, toilets, internal lift, and a disabled car parking space (off the loop road).  The hydrotherapy room would also permit people with a disability to gain access. The pontoon has been designed to allow an athlete in a wheel chair to gain access to boats at 80% of the tidal range without the need for assistance.

 

Development Control Plan - Stormwater Management

 

Comment

 

The aims of this Plan are to make sure that public health and safety is maintained and water quality within the Lane Cove area is improved.

 

Council’s Development Engineer has advised that OSD is not required as the development is located directly adjacent to the foreshore. Approval from the appropriate authority is required to drain directly into the harbour. Excavation haulage conditions are not required as there is minimal excavation. No objection is raised to the proposed development subject to the imposition of conditions.

 

Rain Water Tank Policy

 

In accordance with Council’s Policy a number of ground level stormwater tanks are provided for the development.

 

Site Management and Minimisation Guidelines for Development Control Plan - No 4

 

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

Accompanying this application is a Waste Management Form providing details on arrangements at demolition and/or excavation stage and construction stage. This information is satisfactory and appropriate draft conditions addressing these matters are included in the recommendation to this report.  

 

Section 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.

 

Environmental Impacts – Natural and Built

 


Public Domain

 

Comment

 

The design and location of both the building and the pontoon, in conjunction with the schedule of external materials of construction and proposed landscaping would ensure that the visual qualities of the public domain in this locality would be reasonably maintained.

 

Flora and Fauna

 

Comment

 

In view of the design, nature and scale of the development, it is considered that no adverse impact in terms of flora and fauna would result from the proposed development. In fact, the proposed development would have a positive impact with regard to flora and fauna through the provision of additional landscaping. It is proposed to plant a mix of trees and shrubs, which includes natives.

 

Aquatic Impacts

 

Comment

 

As already mentioned an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality.

 

Natural Hazards

 

Comment

 

Council’s maps do not identify the site as being bush fire prone. No other natural hazard has been identified.

 

Environmental Impact

 

Comment

 

Based on the information supplied by the applicant and the assessment of the application under Section 79C of the Environmental Planning and Assessment Act 1979 it is considered that the proposal would not adversely impact on the surrounding environment. The applicant would ensure that the environment is not harmed and that all means would be employed to protect the environment, in particular during site works for the development.

 

Water and Air Quality Impacts

 

Comment

 

The proposed development due to its nature and design is not likely to cause pollution of any nearby waterway as specific conditions are to be applied. The proposal is therefore not likely to have an adverse impact in terms of air or water quality.

 


Soil and Water Management

 

Comment

 

The proposed development would not adversely impact on the quality of soil on the site and adjoining properties. During construction works best management practices would be implemented to control and trap sediment in order to maintain satisfactory water quality in the river and downstream areas and appropriate draft conditions would be imposed.

 

Neighbourhood Amenity

 

Comment

 

The setting and context of the site, and the operational characteristics of the building, would not result in any adverse impacts upon the amenity of the nearest residential area, being east of the site beyond Burns Bay Road. The impact of the proposal on the existing and likely future amenity of the area has been assessed under the headings of solar access, privacy, lighting, noise, dust and views.

 

Solar Access

 

Due to its location (well away from residential properties) the proposed development would not adversely impact on any nearby residential properties in terms of solar access.

 

Privacy

 

The development would not compromise privacy to nearby residents. There are more than adequate separation distances between existing nearby dwellings and the proposed development.

 

Lighting

 

In terms of lighting, standard security lighting will be provided within the site and no light spillage will fall onto adjoining roadways or nearby residential properties.

 

Noise

 

Short-term noise impact is likely to nearby properties during the construction phase. The hours of construction work would be limited to normal working hours to avoid loss of amenity. The applicant has also advised that no loud speakers are proposed to be used on training boats on the waterways and on site.  An appropriate draft condition would be imposed in the recommendation.

 

Dust

 

In order to control wind-borne dust from the site during the construction phase, a 3.0 metre high hessian screen barrier may be provided around the construction site.

Views

 

The proposed building is located close to a rock face, which backs on to Burns Bay Road. Above this rock wall there is substantial tree cover. The building would not be visible from dwelling houses located on the eastern side of Burns Bay Road.  While the building would be visible from Lane Cove River it would be amongst trees. There are not dwellings directly across the river from the subject site. It is considered that the proposed building would not adversely impact on existing views.

Traffic Impact

 

Comment

 

Access to the site is from Burns Bay Road via a loop under Fig Tree Bridge. Egress from the site is via the loop road, which only provides a northbound exit on to Burns Bay Road. Therefore the site is only directly accessible from the north of the site.  Access to and from the south would be via a signalised U turn bay north along Burns Bay Road. Car parking for the development would be from the existing car parking spaces (25 spaces) provided off the loop road.

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by Varga Traffic Planning Pty Ltd which:

 

-     Describes the site and provides details of the development proposal,

-     Reviews the road network in the vicinity of the site, and the traffic conditions on that road network,    

-     Estimates the traffic generation potential of the development proposal, and assigns that traffic generation to the road network serving the site,

-     Assesses the traffic implications of the development proposal in terms of road network capacity,

-     Review the geometric design features of the proposed basement car parking facilities for compliance with the relevant codes and standards, and

-     Assesses the adequacy and suitability of the quantum of off-street car parking provided on the site.

 

On the request of Council’s Manager of Traffic the applicant was required to prepare a supplementary parking and traffic information report that addressed the following matters:

 

-     Boatshed capacity and usage patterns,

-     Car park usage and numbers,

-     Accessible training requirements and usage,

-     Trailer loading and access requirements,

-     Suggestions for signage, and

-     A proposed line marking arrangement of the car park.

 

A supplementary report was submitted to Council on 20 March 2009 and accordingly referred to Council’s Manager of Traffic for comment. The Manager of Traffic has advised that the supplementary report provides adequate information explaining the details related to access, parking and proposed manoeuvring areas for the boat trailers. No objection to the proposed development is raised subject to the imposition of conditions.

 

Impact on Community Facilities and Services

 

Comment

 

It should be noted that Cunninghams Reach Park does not contain public toilets. Council has had numerous discussions with the applicant in regards to the possible use of the building by Council and the community for meetings and also for the provision of public toilets or a public kiosk attached or within the new building. The applicant has advised that the proposed building would be available for Council and the community for public meetings.

 

In terms of the provision of public toilets, the applicant by letter dated 22 June 2009 has made the offer of a single accessible toilet to be provided within the building and maintained by the University.  The toilets would be open during the times when the boatshed was staffed.  It is considered that this is not satisfactory, and the toilets should be available during the hours when the boatshed is in use.  Other amenities proposed to be included, include a fish cleaning bench and sink, and provision of a gravel pathway over the service trenches, under Figtree Bridge and connecting with existing paths.  Council’s Engineers have advised that the pathway should be constructed of concrete not gravel.

 

It should be noted that in a letter to Council dated 26 June 2008 the NSW Department of Lands advised as follows:

 

“The department is of the view that sporting club buildings on Crown reserves for public recreation are “community facilities” and multiple uses should be supported and encouraged. In regard to the current proposal, club facilities and services must directly relate to Sydney University Club rowing and in operating the building the club should endeavour to maximise opportunities for essential public facilities and community access to the building. For example, public toilets, Council services (storage, etc) improved recreational amenity (cafes, kiosks) and community use of meeting rooms, etc. The application should provide information about what, if any, public facilities and services council needs and where in the building they are best located.”

 

In view of the above comments it is considered appropriate and necessary that the applicant provide the amenities as proposed in their letter of 22 June 2009. These facilities would not only be a public benefit but also be a valuable addition to Cunninghams Reach Park, which currently does not contain such a facility.

     

 Safety, Security and Crime Prevention

 

Comment

 

As part of the Development Application the applicant meet with Senior Constable Matt Jewell from the NSW Police - Crime Prevention Officer on 2 February 2009. The following security measures have been recommended for the proposed development:

 

-     A security fence at the back corners (south & east) may be considered to protect the area behind the building. Reduce openings on back wall where possible. Walls to be core-filled to prevent break in. Planting shrubs on top of the rock face can also help to protect the area behind the building. It is preferred that access not be restricted to the public at the back of the building.

-     Security bars in front of glass louvers, fire resistant screens behind the louver windows and security shutters at glass entry doors be installed. Also wire mesh protection for skylights shall be provided.

-     An alarm system hooked to the smoke detectors should be provided. A CCTV system is not necessary.

-     Fire protection: A sprinkler system shall be installed on the ground floor.

-     The petrol store: External petrol stores require signage and this can attract attention. An internal petrol store with fire rated door be provided for the development.

-     The east entry deck shall be constructed in non-flammable materials.

-     The water tanks: Pumps shall be installed inside the building and the piping shall be metal.

-     Lighting for the building and site: Motion detected lights to be installed high on the corners of the building and the lights shall be vandal resistant.

-     The materials: Anti graffiti coating on the block work shall be provided. Block work is recommended to be smooth face.

-     The deck at the north end may be accessible from rock face; remove deck or protect east side to avoid entry.

-     The glass elements shall be protected to prevent scratching of the surface. The entry doors and exposed glass shall have shutters or screens.

                                                                                                              

The above security measures have been included as part of the draft conditions of approval.

 

Impacts During Construction

 

Comment

 

By draft conditions of consent all necessary precautions would be required of the applicant during site works to ensure that works are carried out safely.  The hours of site works would be limited to normal working hours to avoid loss of amenity to surrounding properties.

 

Site Attributes Conducive to Development

 

Comment

 

The subject site is conducive to the development proposed. 

 

Social and Economic Impact

 

Comment

 

No adverse social or economic impacts have been identified. Due to the nature and scale of the development it is considered that the proposed development would not have an adverse impact on the social and economic environment of the area.

 

The applicant has advised that the premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness. The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area. The junior program is also envisaged to be a community-based program, similar to those run at the Camperdown Campus that are open to the public. The proposed development would provide a permanent and practical facility within the area, which would assist in the health, cultural, social and wellbeing for the local community in particular the youth of the area.

 

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

 

Having regard to the site area, site characteristics and the potential environmental impacts the proposal would have on the site and the locality the development is appropriate and satisfactory.

 

Having regard to the characteristics of the site and its location, the proposed development, is considered appropriate in that:

 

-     The proposal is a permissible form of development in the current 6(a) Open Space (Recreation) Zone;

-     The proposal is consistent with the relevant zone objectives under Lane Cove Local Environmental Plan 1987;

-     The size and dimensions of the land are appropriate for the accommodation of the proposed development,

-     The proposal would not result in any adverse impacts to nearby residential properties in terms of privacy, view loss, solar access and visual impacts; and

-     The proposed development would not result in any adverse traffic and parking impacts on the surrounding area.

 

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

Notification of application

 

The original proposal was notified for a period of 14 days. Five submissions were received. An amended proposal was subsequently submitted. This was also notified for a period of 14 days. Three submissions were received in relation to the amended plan. The nature of all of the submissions relate to issues common to both the original and amended plans.

 

Accordingly all submissions have been considered as follows:

 

Concern expressed regarding likely traffic congestion on the loop road and surrounding roads.

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd). The report indicated that the projected level of usage is expected to generate approximately 15 vehicle arrivals and departures between 5.30am-8.30am, and approximately 10 vehicle arrivals and departures between 3.30pm-6.30pm. The consultant concluded that the projected level of traffic activity is statistically insignificant and would clearly not have any unacceptable traffic implications in terms of road network capacity. Council’s Manager of Traffic has raised no objection to the proposed development in terms of its traffic impact.

 

Concern expressed regarding the impact of loading and unloading trailers on the loop road.

 

Comment

 

As part of the application the applicant was requested to provide details regarding the loading and unloading of racing boats onto trailers for the development. In response to Council’s request the applicant has provided the following information:

 

-     The average number of trailer loading and unloading events per year would be between 13-16 times.

-     Trailer loading times depend on the venue and regatta program. The usual program is to load on Friday morning after training at approximately 7.30am. This takes approximately 40 minutes to 1 hour. The trailer then is moved to the regatta venue or held overnight in a secure location. Approximately half of regatta programs would enable unloading on either Saturday or Sunday afternoon. The balance would require storage off site until unloading early Monday or Tuesday morning before training. Unloading takes less time, generally 15-30 minutes.

-     A standard trailer and car would be between 15m and 18m in length with an overall load length of 12m. The turning circle required for the car and trailer would preclude loading north of the proposed building. Boats would be de-rigged in the north paved forecourt and carried to the car park for loading. As the maximum weight for any section would be 40-45 kg most sections require no more than 2 people to transport them to the car park on the loop road. When they reach the car park they are loaded onto the trailer and tied down as soon as possible to avoid damage.

-     Sydney University (Rowing Club) owns 2 racing boat trailers that are kept in a secure area at Riverview College and it is anticipated this arrangement will continue.

-     The need for trailer parking and unloading is very sporadic. The provision of removable signage in the loop road could be provided, similar to the arrangement for event parking used in Augustine Street, Hunters Hill by Hunters Hill Council. In that case removable signage indicating purpose and time is erected on a needs basis by the event organiser leaving the area free for general parking at other times. This could be combined with sandwich board style warning signs on the loop road to warn motorists that loading is in progress. A removable sign on a 2.1m post with the wording ‘Rowing Trailer Parking Only’ and an adjacent permanent sign that states - ‘Car parking permitted except when trailer parking signs are displayed’ could be provided. This would allow erection of the trailer parking signs by Club administrators to suit movement times. The area will be line marked with cross-hatching. In addition the applicant will line mark all car parking spaces in the car park.

 

Council’s Manager of Traffic has considered the above arrangements and has raised no objection to the proposed development in terms of trailer parking subject to the imposition of appropriate conditions.

 

Concern expressed that other clubs would attend the site.

 

Comment

 

The applicant has advised that the subject site will be used exclusively by the Sydney University Rowing Club. The site would not be used by other clubs. An appropriate condition would be imposed requiring that ‘the subject site be used only by the Sydney University Boat Club and not by other clubs’.

 

Suggest that a footpath be incorporated in the loop road because of the increased traffic on the loop road.

 

Comment

 

The applicant has advised (letters of 8 September 2008 and  22 June 2009) that installation of a footpath following the loop road would be included as part of the works to extend the fire, sewer and water services required for the building to the northern end of the park. This footpath would be a public benefit of the development and an appropriate condition would be imposed on the development approval.  Council’s Engineers have advised that this pathway should be of concrete construction, not gravel as offered by the applicant.

 

 The pontoon should be available at all times to the public.

 

Comment

 

The pontoon would be available to the public at all times for the launching of passive recreation craft, excepting when being utilised by the club to launch their row boats

 


Concern expressed that open space would be alienated. Increased pressure elsewhere as a result of additional development.

 

Comment

 

Numerous on site inspections (mainly on weekends) have revealed that this particular section of the park (northern section) is not extensively used by the public for activities such as picnics or barbecues. The barbecue and picnic facilities are located towards the southern section of the park and therefore groups of people tend to use this area of the park for picnics. The northern section of the park is used by anglers that fish along the foreshores and at random locations along the rock sea wall.

 

The prime attraction of the northern section of the park is the continuous unimpeded access to the foreshore. The proposed building is setback from the river foreshore and as such would not impede pedestrian access to the foreshore for anglers.  The proposed pontoon would provide additional points from which to fish when not being used by the club.

 

            While it is conceded that part of the park would no longer be accessible by the public it is considered that the proposed use, along with suggested additional works, would actively promote increased accessibility, patronage and use of this public open space.

 

State Government encourages an increase in public access to foreshore land and the ability for the public to enjoy the experience. This building would remove a lot of that access and alienate more than one third of the existing open space from public use.

 

Comment

 

As per above comments.

 

The development will not benefit Lane Cove in any way, whilst using a large area of the open space.

 

Comment

 

As per above comments.

 

Concerns were raised that the club should buy/lease land from Riverview College and build their new facility on that land if they have to travel to this side of the harbour.

 

Comment

 

Council must consider the application as submitted. The application is for the construction of a new boatshed and public pontoon on the subject site.  

 

The proposed development will adversely impact on traffic and parking conditions in the area.

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd). In terms of traffic impact, the report indicated that the projected level of usage is expected to generate approximately 15 vehicle arrivals and departures between 5.30am - 8.30am, and approximately 10 vehicle arrivals and departures between 3.30pm - 6.30pm. The consultant concluded that the projected level of traffic activity is statistically insignificant and will clearly not have any unacceptable traffic implications in terms of road network capacity.

In terms of car parking the report indicated that unrestricted car parking is available at a number of locations around the one-way loop road, which passes underneath Fig Tree Bridge. This includes some 25 angle parking spaces located on the western side of the loop road, in the immediate vicinity of the proposed boat shed. The proposed development is expected to generate a parking demand of approximately 15 vehicles between 5.30am-8.30am in the mornings, and approximately 10 vehicles between 3.30pm-6.30pm in the afternoons. The report concluded that the potential parking demand can be comfortably accommodated within the existing parking facilities located in this section of Cunninghams Reach Park, and it is therefore reasonable to conclude that the proposed development will not have any unacceptable parking implications.

 

Council’s Manager of Traffic has raised no objection to the proposed development in terms of its traffic and parking impact.

 

The racing boat trailers would be parked at Riverview College when not in actual use, and this should be made a condition of approval.

 

Comment

 

An appropriate draft condition of approval would require that the boat trailers be parked at Riverview College when not in use.

 

Concern expressed the applicant has declined to consider public facilities within the building, proposing instead that these be provided as a separate building, thus increasing the built up environment of the open space.

Comment

 

The applicant, by letter dated 22 June 2009 has proposed a number of amenities, including a toilet within the building. It is considered that the proposed public toilet would be a valuable facility for the Park. Upgrading of the park would increase patronage and subsequent demand for toilet facilities.

 

There is little indication of sustainable inclusions in the building.

 

Comment

 

As part of the development the applicant would provide water tanks, solar collectors and water heaters to minimise energy usage, incorporate storm water capture and reuse water from the bathrooms and boat wash areas. The building has been oriented to maximise natural lighting and ventilation.

 

A permanent prohibition on any future application for a licensed club should be added if the application were approved.

 

Comment

 

The applicant has advised in writing that the premises would not be used as a licensed club, function centre, boathouse or restaurant; it has been designed purely to provide rowing facilities.

 

Objection was raised to a private organisation using public land for a private use.

 

Comment

 

The proposed development is a permissible form of development under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits. The use of the subject site by a private organisation is not a prohibition under Council’s Local Environmental Plan 1987.

 

Public toilets should be incorporated into the proposal.

 

Comment

 

As already mentioned above, the applicant has offered to provide a public accessible toilet within the development.   

 

Concern expressed regarding the removal of trees.

 

Comment

 

It is acknowledged that the proposed development would remove 30 trees on the site. However, the proposed planting schedule, submitted to Council with the development application, nominates a mix of indigenous species for replanting within the site. Approximately 43 mature tree plantings with a height of 4.0 metres or greater and a further 425 shrubs with ground covers would be planted by the applicant in the affected areas. No objection has been raised to the proposed development by Council’s Tree Assessment Officer and Manager Open Space subject to the imposition of draft conditions.   

 

Trees planted by the Bushland Society would be destroyed by the proposed clubhouse.

 

Comment

 

While 30 trees would need to be removed over 40 mature trees and 400 shrubs would be planted to off-set the loss.

 

The proposal is more than a replacement of the previous clubhouse across Burns Bay.

 

Comment

 

The proposed development is permissible under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits.  Notwithstanding such, the proposed structure would cater for the rowing needs of both the Sydney University Rowing Club and the general community for many years to come.

 

No southbound access from the site.

 

Comment

 

Vehicular access to the loop road underneath Fig Tree Bridge is provided via a southbound entry and northbound exit ramps on Burns Bay Road. There would be no change to this current vehicular access/traffic arrangements.  There is a U turn bay just north of View Street.  It is recommended that new sign posting be required at the site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

Concern that access via the loop road would be difficult for the trailers.

 

Comment

 

Council’s Manager of Traffic has considered the proposed arrangements for trailer movements and parking and has raised no objection to the proposed development subject to the imposition of appropriate conditions.

Limited car parking at the site.

 

Comment

 

As already mentioned a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd. The report concluded that the potential parking demand can be comfortably accommodated within the existing parking facilities located in this section of Cunninghams Reach Park, and it is therefore reasonable to conclude that the proposed development would not have any unacceptable parking implications. Council’s Manager of Traffic has raised no objection to the proposed development in terms of its parking impact.

 

Increased U turns at View Street.

 

Comment

 

There is a U turn bay just north of View Street.  It is recommended that new sign posting be provided at the site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

The proposal is likely to encourage vandalism and graffiti.

 

Comment

 

As already mentioned in the report the applicant meet with the NSW Police - Crime Prevention Officer on 2 February 2009. A number of security measures have been recommended for the proposed development and have been included as conditions of approval.  The measures proposed by Police are considered appropriate and necessary.

 

The application is totally insensitive to the environment.

 

Comment

 

Appropriate management measures are available to ensure that stormwater from the development entering the river would not reduce water quality. The site and adjacent waterway do not support any threatened terrestrial and aquatic ecological species or communities. Retention of the existing seawall ensures that the existing interface between the river and foreshore remains unaltered. The form, location and presentation of the foreshore in this locality would not alter as a consequence of this proposal. As part of the development application an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded as follows:

 

“It is concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality. There could be a net benefit for the aquatic ecology of the locality by virtue of the provision of some additional hard substratum habitat (wetted surface areas of the pontoon and of the support piles) for colonisation by marine biota including algae, which could colonise the shallow wetted surface areas of the pontoon.

 

It is also concluded that the proposed facility would meet the aims of aquatic ecological conservation of the Fisheries Management Act (1994) for the protection of aquatic habitats and would meet the performance criteria for the conservation of aquatic communities with high conservation status, as detailed in the DCP for Sydney REP (Sydney Catchment) 2004.”     

Concern is raised that the proposal might be used as a social clubhouse, licensed or otherwise or for commercial purposes or a boathouse.

 

Comment

 

The applicant has advised in writing that the premises would not be used as a licensed club, function centre, boathouse or restaurant; it has been designed purely to provide rowing facilities. An appropriate condition will be imposed on the development approval. 

 

Council has no obligation to provide a boathouse site. Other rowing clubs are on the Parramatta River where major rowing events are centred.

 

Comment

 

In February 2006, the existing Sydney University Boat shed at Linley Point burnt down leaving the Sydney University Boat Club without a dedicated training facility. After investigating several locations, a decision was reached by the Boat Club to seek a new facility at the subject site in Cunninghams Reach Park. Under the provisions of the Environmental Planning and Assessment Act 1979 (as amended) Council has a duty to consider and determine any development application lodged on a parcel of land within its local government area. The proposed development is a permissible form of development under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits.  The current application meets the objectives of the zone, is a permissible use and complies with all associated and related regulations and principles for public open space.

 

A better siting in Lane Cove would be a small patch on the opposite side of Burns Bay. Having it at Cunninghams Reach would mean the loss by privatisation of a whole public park.

 

Comment

 

As per above comments.

 

Council is bound by legal zoning/planning prescriptions, which specifically prevent the approval of buildings on the foreshore below the cliffs. An approval of this building application by council would therefore be in conflict with this, and could make it open to legal challenge.

 

Comment

 

The proposed development is a permissible use on the subject site and can be considered by Council.

 

Further concern derives from the police recommendation that the area between the building and the cliff face be fenced off for security. This would restrict normal public access to the foreshore.

 

Comment

 

As part of the development application the comments of the NSW Police Force were sought. It was acknowledged that the NSW Police - Crime Prevention Officer did suggest that a security fence at the back corners (south & east) might be considered to protect the area behind the building. It should be noted that this is only a suggestion and the applicant may find a better solution. It is preferred that access not be restricted to the public at the back of the building.

 


Public Access within the site and along the foreshore should not be restricted.

 

Comment

 

A condition of approval would ensure that public access within the site and along the foreshore is not restricted. It should be noted that as part of the development and so as to improve public access, the applicant intends to extend an existing at grade pedestrian pathway from the car park to the riverbank, which would continue north adjacent to the river for the frontage of the site.

 

The building is excessive in bulk and scale.

 

Comment

 

The application was referred to Council’s Urban Design consultant for comment. In conclusion the consultant advised as follows:

 

“Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building will sit comfortably within its site and would not dominate Linley Point. Some minor adjustments to the colours as suggested will further enhance the building’s contribution to the river.

 

The retention of a maximum of existing trees and the planting of appropriate species would ensure that the building is seen as being in the park rather than appropriating it. I believe the project should be approved.”

 

External Referrals 

 

Waterways Planning and Development Advisory Committee

 

The subject application was referred to NSW Maritime - Waterways Planning and Development Advisory Committee. The Committee provided the following comments:

 

-     The Committee notes that the proposal is bulky and elongated, may give a perception that free public access to the site is not available, will require removal of 30 trees, and may damage the root systems of other trees on the site. In addition the views of natural features from the water and the reserve will be affected.

 

Comment

 

The application was referred to Council’s Urban Design Consultant for comments and no objection was raised to the proposed building in terms of its bulk, scale and design.  In terms of removal of trees, it is acknowledged that the proposed development would remove a number of trees on the site. However, the proposed planting schedule, submitted to Council with the development application, nominates a mixture of indigenous species for replanting within the site. Approximately 43 mature tree plantings with a height of 4.0 metres or greater and a further 425 shrubs with ground covers will be planted by the applicant in the affected areas. No objection has been raised to the proposed development by Council’s Tree Assessment Officer and Manager Open Space subject to the imposition of conditions.

  

-     Noted that community facilities are not incorporated, unclear if public access to the pontoon is permitted and the blue and cream elements of the colour scheme are unsympathetic with the surrounding bushland.

 

Comment

 

Following this submission from the Waterways Planning and Development Advisory Committee, the applicant by letter dated 22 June 2009 has offered to provide a number of amenities on the site.  These have been described in the preceding report. In terms of colours the application has been amended in accordance with the colour palette required by Council’s Urban Designer.

 

-     Council should consider the objectives of the W2 Environmental Protection Zone and clause 22(a) of Sydney REP (Sydney Harbour Catchment) 2005 and clause 5.2 of Sydney Harbour Foreshores and Waterways Area DCP 2005.

 

Comment

 

The proposal includes upgrading and extension of the existing pedestrian pathway adjacent to the foreshore. The proposed location of the pontoon and associated structures at the northern extremity of the site, (where pedestrian access along the riverbank terminates due to topographic constraints), ensures that public access along the river foreshore would remain.

 

-     The Committee recommends that consideration be given to providing public access to the proposed pontoon, which case it should meet disabled access requirements.

 

Comment

 

The pontoon will be available at all times for use by the general public. The pontoon has been designed to allow an athlete in a wheel chair to gain access to boats at 80% of the tidal range without the need for assistance.

 

-     The Committee recommends that the exterior colour scheme be taken from the palate of the surrounding bushland.

 

Comment

 

The amened proposal has incorporated the above recommendation.

 

Department of Lands

 

Correspondence has been received from the Department of Lands. The Department has provided comments for the proposed development and in particular regarding the following:

 

Clubs on Crown Lands

 

The department’s position on clubs on Crown reserves is that the exclusive use of clubhouses or other premises by special interest groups for club members or for private functions is not appropriate on public recreation reserves. If the proposed development is to be on land reserved for public recreation, the rowing club must demonstrate that where practicable, public access to facilities is available. The principles set out in Attachment A should be addressed when considering the suitability of a club on Crown land reserved for public recreation.

 

 

Community Facilities

 

The department is of the view that sporting club buildings on Crown reserves for public recreation are “community facilities” and multiple uses should be supported and encouraged. In regard to the current proposal, club facilities and services must directly relate to Sydney University Club rowing and in operating the building the club should endeavour to maximise opportunities for essential public facilities and community access to the building. For example, public toilets, council services (storage etc) improved recreational amenity (cafes, kiosks) and community use of meeting rooms etc. The application should provide information about what, if any, public facilities and services council needs and where in the building they are best located.

 

Lease Agreement

 

The department has indicated that where the above provisions are not able to be met by the rowing club, it may be more appropriate for the department to enter into a lease directly with the club or establish a Reserve for Sporting and Community Club Uses with the club appointed as the reserve trust manager.

 

The above matters are considered below:

 

Clubs on Crown Lands

 

The following principles set out in Attachment A below should be addressed when considering the suitability of a club on Crown land reserved for public recreation.

 

Principle 1 – the land is not required for public recreation: 

 

Comment

 

The proposed development would not preclude or diminish public access or enjoyment of the land by the public. It is considered that the public enjoyment of Cunninghams Reach Park for recreational activities would not be eroded by the proposed development. The land would continue to be managed in accordance with Council’s Plan of Management.

 

Principle 2 – the land is not environmentally sensitive:

 

Comment

 

The subject site does not contain any threatened species. The subject site is not classified as environmentally sensitive.

 

Principle 3 – the land does not have important scenic values that may be compromised:

 

Comment

 

The scenic quality of the locality would be protected by the development. The bulk, scale, building height, materials, textures, and colours of the proposal have been designed so that when viewed from other parts of the area the development would not be a dominant feature. It is considered that the scenic quality of the area would not be adversely affected by this development proposal and is consistent with the character of the area.

 

Principle 4 – the land is not to be devoted solely to the club premises:

 

Comment

 

Part of the site would be used by the rowing club and the remaining land would be available to the public for recreational purposes. The subject site will not be used exclusively by the rowing club, access to the subject site would be unrestricted and be available at all times for the enjoyment of the public.    

 

Principle 5 – the land can adequately accommodate the access and parking requirements for the club as a result, surrounding areas will not be impacted upon:

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant. Council’s Manager of Traffic has raised no objection to the proposed development subject to the imposition of conditions.   

 

Principle 6 – the proposal is located and designed so that it will complement other uses and environmental values:

 

Comment

 

The proposed development in terms of its bulk, scale, design, colours, materials and textures would promote urban design that is consistent with and enhance the character of the area. The recreational character of Cunninghams Reach, the context and setting of the site within an urban area should be recognised, as characterised by a number of dominate built forms such as the nearby Fig Tree Bridge and large dwellings houses, which are clearly visible from the river. Although the building will be visible from the river, it would not diminish the quality or value of the area, given that the building colours, materials and textures would adequately ‘fit in’ with the surrounding area.    

 

Principle 7 – the proposal does not adversely affect or preclude pedestrian access to the foreshore:

 

Comment

 

Access to the public be available at all times along the foreshores and the surrounds of the building. The proposal involves upgrading and extension of the existing pedestrian pathway adjacent to the foreshore.  

 

Principle 8 – the proposal does not alienate prime foreshore tourism and recreational lands.

 

Comment

 

Numerous on site inspections (mainly on weekends) have revealed that this particular section of the park (northern section) is not extensively used by the public for activities such as picnics or barbecues. The barbecue and picnic facilities are located towards the southern section of the park and therefore more groups of people tend to use this area of the park for picnics. The northern section of the park is used by many anglers that fish along the foreshores and random rock sea wall.

 

The prime attraction of the northern section of the park is the continuous unimpeded access to the foreshore. The proposed building is setback from the river foreshore and as such would not impede pedestrian access to the foreshore for anglers.  The proposed pontoon would provide additional points from which to fish when not being used by the club.

 

Accordingly it is considered that the proposed development due to its siting and design would not alienate the park.

It is considered that the proposal satisfies the above principles and a high quality development will be constructed on the site.

 


Community Facilities

 

Comment

 

As part of the development, the applicant has offered to provide a number of community facilities, which include upgrading and extension of the existing pedestrian pathway adjacent to the foreshore, a public toilet, a footpath along the loop road and a public pontoon north of the building. The above public facilities will be valuable additions to the Park. The applicant would construct the above public facilities at no cost to the ratepayers of Lane Cove.  

 

Lease Agreement

 

Comment

 

The department has indicated that where the above provisions are not able to be met by the rowing club, it may be more appropriate for the department to enter into a lease directly with the club or establish a Reserve for Sporting and Community Club Uses with the club appointed as the reserve trust manager. The above provisions would be met and the proposed development is considered more than satisfactory.

 

The Department has requested that the following condition be imposed on the development approval:

 

Irrespective of approval by any other authority or any future development approval by Council, no work shall commence on the Crown land without agreement in principle to a suitable tenure under the Crown Lands Act. 

 

NSW Maritime

 

No objection has been raised to the proposal subject to specific conditions.

 

Department of Water and Energy

 

No objection has been raised to the proposal subject to specific conditions. The Department of Water and Energy has indicated that any amended application would require their further consent. The current amended plans and the provision of a public toilet on the subject site would require the consent from the NSW Department of Lands and the Department of Water and Energy. 

 

Department of Primary Industries

 

The Department has advised that provided the proposal does not involve dredging, reclamation, harm marine vegetation or the obstruction of fish passage that would require permits there is no objection to the proposed development.

 

Roads and Traffic Authority

 

The Roads and Traffic Authority has provided the following comments:

 

-     The RTA has no proposal that requires any part of the subject property for road purposes. Therefore there are no objections to the development proposal on property grounds.

-     The layout of the proposed car parking and loading areas associated with the subject development should be in accordance with Australian Standards.

-     Car parking provided to Council’s satisfaction.

-     Suitable provisions should be made for construction vehicles to be accommodated on site, as no parking is available on Burns Bay Road in the vicinity of the site.

-     All vehicles to enter and leave the development in a forward direction.

-     All vehicles should be wholly contained within the site before being required to stop.

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

         

Internal Referrals

 

Manager Traffic

 

As part of the Development Application a qualified consultant prepared a Traffic and Parking Assessment report. Council’s Manager of Traffic has raised no objection to the proposed development subject to the imposition of conditions.   

 

Manager, Development Assessment Environmental Services

 

Additional information was required from the applicant regarding the disposal of wastewater from the premises. In response to Council’s request the applicant indicated that wastewater would be disposed to a sewerage collection pump pit and then piped along the Loop Road to the Sydney Water sewer main on The Avenue. In view of the above information no objection has been raised to the proposal subject to specific conditions.

 

Development Engineer

 

Council’s Development Engineer has advised that OSD is not required as the development is located directly adjacent to the foreshore. Approval from the appropriate authority is required to drain directly into the harbour. Excavation haulage conditions are not required as there is minimal excavation. No objection is raised to the proposed development subject to the imposition of conditions.

 

Tree Assessment Officer

 

No objection is raised to the proposed development subject to the imposition of draft conditions.

 

Manager Open Space

 

The Manager of Open Space has requested that the following conditions be imposed on the development approval:

 

-     The reinstatement of the gardens and grassed areas following the installation of service trenches must be to the satisfaction of Council’s Manager Open Space.

-     There is to be no overnight or permanent parking of boat trailers on site or in the park car park.

-     The applicant must ensure that there are prominent signs at the car park and near the building indicating public access to the pontoon and to the other park area to the north of the rowing shed. 

 

Building Surveyor

 

No objection is raised to the proposal subject to specific draft conditions.

 


Manager of Strategic Planning

 

No objection is raised to the proposal, however consideration should be given by the applicant to provide community facilities as part of the development.

 

Heritage Advisor

 

The application was referred to Council’s Heritage Advisor for comment. Council’s Advisor indicated, “It is important that public access is available to all open areas surrounding the building and that access to the foreshore is not restricted.” The Advisor has no objection to the proposed development in terms of heritage impact, provided the issues of access and views are accommodated. The development as proposed would ensure that public access is available around the building and along the foreshore.   

 

Urban Design Consultant

 

The application was referred to Council’s Urban Design consultant for comment. A response was received raising concerns regarding the design of the building. The applicant was requested to address these concerns. On 17 March 2009 revised plans were submitted to Council and these plans were submitted to Council’s consultant for comment. Council’s consultant has reviewed the amended plans and has indicated as follows:

 

-     The project now satisfies the bulk of the issues previously raised.

-     The roof is now greatly improved. The angle of the simpler roof reduces the apparent impact from the river and it now sits more harmoniously in its setting. The overall form is now well resolved and the northern elevation including the balcony is convincingly integrated.

-     The water tanks have been re-distributed, especially onto the western façade, which helps to articulate and occupy this side of the building. This will also discourage graffiti, which remains a concern.

-     The footprint of the building remains large for the site but is tucked into the cliff as much as possible in order to keep the foreshore free for pedestrians.

 

In conclusion the consultant advised as follows:

 

Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building would sit comfortably within its site and would not dominate Linley Point. Some minor adjustments to the colours as suggested would further enhance the building’s contribution to the river.

 

The retention of a maximum of existing trees and the planting of appropriate species would ensure that the building is seen as being in the park rather than appropriating it. I believe the project should be approved.

 

Council’s Urban Design consultant has requested that the following conditions be imposed on the development approval:

1.   The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to theses walls shall be provided.

 

2.   The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

 

3.   The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

 

4.   The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.  

 

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

 

The proposal is consistent with State Government initiatives for the efficient and appropriate use of the public land.

 

SUMMARY

 

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979. Having regard to this assessment, it is considered that the proposal is satisfactory. The proposal is for the establishment of a new boatshed and public pontoon for the Sydney University Rowing Club. The proposed development is permissible under Lane Cove Local Environmental Plan 1987 and Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 with the consent of Council.

 

As part of the development, the applicant has offered to provide a number of community facilities, which include:

 

1.         Upgrading and extension of the existing pedestrian pathway adjacent to the foreshore;

2.         A public toilet;

3.         A footpath along the loop road,

4.         A public pontoon north of the building

5.         A contribution to the decking of the existing boatshed deck and

6.         A fish cleaning table and sink.

 

The above public facilities will be valuable additions to the Park. The applicant would construct the above public facilities at no cost to the ratepayers of Lane Cove.

 

 Due to the nature, scale and design of the development it is considered that the proposal would not adversely affect the amenity of the area in terms of solar access, noise, views, car parking and traffic.

 

The proposed new building would provide a permanent and practical facility within the area, which would assist in the health, cultural, social and wellbeing for the local community.

 

The application is recommended for approval as a deferred commencement consent. As part of the development the applicant is required to provide a plan of the public facilities that are to be provided showing the location and design of the public toilets and footpath for the loop road. If the above facilities are not submitted to Council and agreed to, the approval would not become activated. In addition any amended application that includes the provision of a public toilet on the subject site would require the consent from the NSW Department of Lands and the Department of Water and Energy.  If the above approvals cannot be obtained the development consent cannot be activated.    

 

RECOMMENDATION

That:

 

A.         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 D202/08 for the Construction of a new Boatshed and Public Pontoon on Lot 7101 DP 1055655, Lot 2 DP 1117218 and Riverbed of Lane Cove River, Cunninghams Reach, Linley Point subject to the following:

 

1.         The applicant is required to provide public facilities that include:

 

·     upgrading and extension of the existing pedestrian pathway adjacent to the foreshore

·     the provision of a public toilet and a management plan for their operation/ maintenance.  The toilet is to be open during the hours that the boatshed is in use, at a minimum.  This issue is to be clarified in the management plan required.

·     the provision of a concrete footpath along the loop road to be connected to the footpath on the eastern side of Burns Bay Road as marked up on the Services Plan 0610DA09M, attached to this notice.

·     the provision of electric barbecues, tables and seats north of the building near the publicly accessible pontoon

·     A fish cleaning table and sink connected to the water supply

·     The Sydney University is to make a cash contribution to the rectification of the decking at the existing fire damage boatshed.  This amount is to be agreed with Council, following a costing proposal being agreed to.  This matter is to be subject to a legal agreement to be submitted to Council as part of the requirements for the deferred commencement consent.

·     The applicant shall provide for Council’s approval a plan showing the location and design of the above items.

 

2.         The current amended plans and the provision of the public toilet on the subject site shall             require the consent from the NSW Department of Lands and the Department of                Water and Energy.

 

3.         Irrespective of approval by any other authority or any future development approval by Council, no work shall commence on the Crown land without agreement in principle to a suitable tenure under the Crown Lands Act.  The above required 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 plans Job No 0610, Drawing numbers DA00 - DA10 Revised Dated 17 March 2009 Issue M, drawn by Quinn O’Hanlon Architects and Landscape Plan Drawing No DAL01 Issue M dated 17 March 2009 drawn by Quinn O’Hanlon Architects except where amended by the following conditions:

 

2.         The application shall be amended to incorporate the following:

-     The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to these walls shall be provided.

-     The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

-     The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

-     The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.

 

            The above amendments shall be made and approved by Council prior to the release of the Construction Certificate.

 

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.         A report, by a suitably qualified building consultant (with the appropriate level of certification) to show how the proposed works comply with the Building Code of Australia, shall be submitted to the Principal Certifying Authority (PCA) prior to issue of Construction Certificate.  The report shall also address the issue of travel distances to the required exits and provide a schedule of proposed essential fire safety measures for the proposed building prior to the issuing of a Construction Certificate.

 

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.         A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained             from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

8.         The applicant shall construct a disabled car parking space along the loop road as indicated on the submitted Site Plan Drawing No DA01 Issue M dated 17 March 2009 drawn by Quinn O’Hanlon Architects at no cost to Council.

9.         Any additional advertising signs/structures not shown on the approved DA drawings being the subject of a separate development

 

10.       The boatshed building shall be used by the Sydney University Boat Club and no other clubs shall use the building.

 

11.       The public toilets, footpath along the loop road and public pontoon shall be constructed by the applicant at no cost to the Council.

 

12.       The pathway along the foreshore from the public car park to north of the subject site shall be upgraded to the satisfaction of Council at no cost to Council.

 

13.       All car parking spaces (about 25 spaces) located along/within the loop road and Park shall be line marked to the satisfaction of Council at the cost of the applicant.

 

14.       The building shall not be used as a licensed club, function centre, boathouse, and restaurant or for accommodation.

 

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

 

16.       The building shall be available to Lane Cove Council and the community for meetings.

 

17.       The pontoon shall be available to the public at all times for the launching of passive recreation craft.

 

18.       The applicant must ensure that there are prominent signs at the car park and near the building indicating public access to the pontoon and to the other park area to the north of the rowing shed.

 

19.       Public access within the subject site and along the foreshore shall not be restricted.

 

20.       Racing boat trailers shall be parked at Riverview College when not in actual use.

 

21.       There is to be no overnight or permanent parking of boat trailers on site or in the park car park.

 

22.       The intermittent trailer parking shall take place in accordance with the details and parking plan (Drawing No DA11 Issue M- as contained in supplementary traffic information report dated March 2009) as contained and attached to the submitted ‘Supplementary Traffic Information’ Report dated March 2009. All removable and permanent signage and line marking shall be provided at the cost of the applicant.

 

23.       The access and manoeuvring areas shall be in accordance with AS 2890.1 – 2004, RTA’s Guide for Generating Developments and the on-street parking should comply with AS 2890.5 and the disabled parking space/s with Australian Standards.

 

24.       The lighting issues at the vehicle access points and at the proposed pedestrian and vehicle access areas surrounding the club require to be assessed and upgraded to cater for the proposed facilities and the club.

 

25.       The proposed bollard at the entry of the boatshed is satisfactory. A secure ‘Registered Key’ shall be supplied to Council, all Emergency Services and Sydney University Boat Club by the applicant at no cost to Council.       

 

26.       There is a U turn bay just north of View Street.  The applicant shall provide sign posting at the subject site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

27.       The site shall not be used for a venue for regattas.

 

28.       No loud speakers shall be used in training boats on the waterways or within the site.

 

29.       The hours of operation shall be restricted to between 5.30am to 9.30pm seven (7) days.

 

30.       The commemorative plaque for the fig trees planted on site in 1995 is located on the cliff face. The proposed building will obscure the view of the plaque. The plaque shall be relocated by the applicant at no cost to Council. The applicant shall indicate the location (where it is easily visible to the public) of the plague and whether the plaque will be mounted on a pole or located at ground level. The applicant shall provide details for Council’s approval of the location and method of housing of the commemorative plaque prior to the issuing of the Construction Certificate.

 

31.       The following security measures are to be provided in the development:

 

·     A security fence at the back corners (south & east) may be considered to protect the area behind the building. Reduce openings on back wall where possible. Walls to be core-filled to prevent break in. Planting shrubs on top of the rock face can also help to protect the area behind the building. It is preferred that access not be restricted to the public at the back of the building.

·     Security bars in front of glass louvers, fire resistant screens behind the louver windows and security shutters at glass entry doors be installed. Also wire mesh protection for skylights shall be provided.

·     An alarm system hooked to the smoke detectors should be provided. A CCTV system is not necessary.

·     Fire protection. A sprinkler system shall be installed on the ground floor.

·     The petrol store. External petrol stores require signage and this can attract attention. An internal petrol store with fire rated door be provided for the development.

·     The east entry deck shall be constructed in non flammable materials.

·     The water tanks. Pumps shall be installed inside the building and the piping shall be metal.

·     Lighting for the building and site. Motion detected lights to be installed high on the corners of the building and the lights shall be vandal resistant.

·     The materials. Anti graffiti coating on the block work shall be provided. Block work is recommended to be smooth face.

·     The deck at the north end may be accessible from rock face; remove deck or protect east side to avoid entry.

·     The glass elements shall be protected to prevent scratching of the surface. The entry doors and exposed glass shall have shutters or screens.

     

The above security measures are to be incorporated into plans submitted with the Construction Certificate.

 

32.       All garbage shall be stored in a designated garbage area, which includes provision for the             storage of all putrescibles waste and recyclable material emanating from the premises. The             area is to be constructed with a smooth impervious floor graded to a floor waste and             connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire             sprinklers and meet fire safety standards in accordance with the Building Code of Australia.             Detailed plans and specifications for the construction of the designated garbage area are to             be submitted with the Construction Certificate.

 

33.       Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

 

34.       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.

 

35.       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.

 

36.       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;

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       The building not to be used for separate occupation or commercial purposes.

 

42.       Access to the building, the pontoon and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

43.       The service power pole being painted a suitable environmentally acceptable colour.  The service mains from the private pole to the building are to be taken underground and the meter box is not to be affixed to the pole.

 

44.       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.

 

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

 

46.       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.

 

47.       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.

 

48.       Excavation

 

(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.

 

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

 

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

 

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

 

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

 

53.       Compliance with the Waste Management Plan approved under application DA08/202.

 

54.       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.

 

55.       The Early Fire Hazard Indices of materials and assemblies must comply with the provision of Specification C1.10 of the Building Code of Australia.

 

56.       As soon as practicable after lift shafts have been installed within the building, the installer shall furnish Council with a Certificate to the effect that all lift doors:-

 

a)         have the required F.R.L.s; and

 

b)         have been installed in accordance with the provisions of A.S. 1735.

 

57.       Prior to requesting an occupation certificate the owner/agent shall certify that each of             the essential fire safety measures specified in this statement:

 

              (a)     has been installed and assessed by a properly qualified person, and

              (b)     was found, when it was assessed, to be capable of performing to at least the           standard required by the current fire safety schedule for the building for which           the certificate is issued.

 

            A copy of the Fire Safety Certificate to be completed is available from Council.

            (This Certificate cannot be signed by persons who inspected and/or tested the installed             services.)

 

            A copy of the Initial Certificate and the Annual Certificate, together with the relevant Fire             Safety Schedule must be forwarded to the Council and the Commissioner of the New South             Wales Fire Brigades.  A copy of this Certificate, together with the relevant Fire Safety             Schedule must be prominently displayed in the building.

58.       The Fire Safety Measures are to be regularly serviced/maintained and the owner/agent (including subsequent owners) shall certify annually that each of the fire safety measures specified in this statement has:

 

              (a)     been assessed by a properly qualified person, and

 

(b)     found, when it was assessed, to be capable of performing to at least the     standard required by the current Fire Safety Schedule for the building for which      the certificate is issued.

 

            The Department of Water and Energy Conditions

 

59.       As a controlled activity (i.e. the ‘works’) cannot commence before the applicant obtains a Controlled Activity Approval, the Department requires that the Construction Certificate will not be issued over any part of the site requiring a Controlled Activity Approval until a copy of the Approval has been provided to Council.

 

60.       The applicant shall apply to the Department of Water and Energy for a Controlled Activity             Approval after consent has been issued by Council but before the commencement of any             ‘works’.

 

            Plans, Standards and Guidelines

 

61.       These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA202/2008 and provided by Council

 

(i)         Site plan, map and/ or survey

(ii)        Structural design and specification

 

Any amendments or modification to the proposed controlled activities may render these GTA invalid.  If the proposed controlled activities are amended or modified the Department of Water and Energy must be notified to determine if any variations to the GTA will be required.

 

62.       Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the Department of Water and Energy.  Waterfront land for the purposes of this DA is land and material in or within 40m of the top of the MEAN High Water Level of the river identified.

 

63.       The consent holder must prepare or commission the preparation of:

 

(i)         Vegetation Management Plan

(ii)        Erosion and Sediment Control Plan

 

64.       All plans must be prepared by a suitably qualified person and submitted to the Department             of Water and Energy for approval prior to any controlled activity commencing.  The plans             must be prepared in accordance with Department of Water and Energy guidelines located             at www.naturalresources.nsw.gov.au/ water/controlled_activity.shtml.

 

(i)         Vegetation Management Plans

(ii)        Riparian Corridors

(iii)       Outlet structures

 

65.       The consent holder must (i) carry out any controlled activity in accordance with approved             plans and (ii) construct and/ or implement any controlled activity by or under the direct             supervision of a suitably qualified professional and (iii) when required, provide a certificate             of completion to the Department of Water and Energy.

 

            Rehabilitation and Maintenance

 

66.       The consent holder must carry out a maintenance period of two (2) years after practical             completion of all controlled activities, rehabilitation and vegetation management in             accordance with a plan approve by the Department of Water and Energy.

67.       The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the Department of Water and Energy.

 

            Reporting Requirements

 

68.       The consent holder must use a suitably qualified person to monitor the progress,             completion, performance of works, rehabilitation and maintenance and report to the             Department of Water and Energy as required.

 

            Security deposits

 

69.       The consent holder must provide a security deposit (bank guarantee or cash bond) – equal             to the sum of the cost if complying with the obligations under any approval – to the             Department of Water and Energy as and when required.

 

            Access-ways

 

70.       The consent holder must not locate ramps, stairs, access ways, cycle paths, pedestrian             paths or any other non-vehicular form of access way in a riparian corridor other than in             accordance with a plan approved by the Department of Water and Energy.

 

            Disposal

 

71.       The consent holder must ensure that no material or cleared vegetation that may obstruct             flow, wash into the water body or cause damage to river banks are left on waterfront land             other than in accordance with a plan approved by the Department of Water and Energy.

 

72.       The consent holder must stabilise drain discharge points to prevent erosion in accordance             with a plan approved by the Department of Water and Energy.

 

            Drainage

 

73.       The consent holder must establish all erosion and sediment control works and water             diversion structures in accordance with a plan approved by the Department of Water and             Energy.  These works and structures must be inspected and maintained throughout the             working period and must not be removed until the suite has been fully stabilised.

 

            Erosion Control

 

74.       The consent holder must ensure that no excavation is undertaken on waterfront land other             than in accordance with a plan approved by the Department of Water and Energy.

 

75.       The consent holder must ensure that any excavation does not result in (i) diversion of any             river (ii) damage to native vegetation within the area where a controlled activity has been              authorized, other than in accordance with a plan approved by the Department of Water and             Energy.

 

            River Bed and Bank Protection

 

76.       The consent holder must establish a riparian corridor along the Lane Cove River in             accordance with a plan approved by the Department of Water and Energy.

 

            NSW Maritime Conditions

 

77.       As the pontoon is a public facility, the proposed ramp length will need to be increased or             alternatively, the pontoon freeboard increased to meet disabled access requirements. There             is sufficient depth of water to accommodate the proposed pontoon without the need for             dredging.

 

78.       Drawings, calculations and specifications together with any other documentation fully and             clearly describing all the proposed work being submitted to and approved by NSW Maritime             in writing prior to the commencement of construction.

 

79.       The documentation above complying with NSW Maritime’s Engineering Standards and             Guidelines for Maritime Structures and NSW Maritime’s Guidance Note:             Documentation.

 

80.       The design of the proposed work being carried out in accordance with NSW Maritime’s             Engineering Standards and Guidelines for Maritime Structures and undertaken by a             practising consulting Civil Engineer qualified for Corporate Membership of the Institution of             Engineers Australia and experienced in the design of maritime structures.

 

81.       All proposed work being carried out at no cost to NSW Maritime.

 

82.       All work being done in such a way that no construction debris falls, flows or is carried onto             the bed or waters of the Port and any such material entering the Port being removed             immediately.

 

83.       NSW Maritime reserving the right to request further information following the receipt and             examination of the foregoing.

 

            Roads and Traffic Authority Conditions

 

84.       The layout of the proposed car parking and loading areas associated with the subject             development should be in accordance with Australian Standards.

 

85.       Suitable provisions should be made for construction vehicles to be accommodated on site             as no parking is available on Burns Bay Road in the vicinity of the site.

 

86.       All vehicles to enter and leave the development in a forward direction.

 

87.       All vehicles should be wholly contained within the site before being required to stop.

 

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

 

            Engineering Conditions

89.       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.

 

90.       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. 

 

91.       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.

 

92.       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.

 

93.       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.

 

94.       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.

 

95.       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’.

 

96.       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.

 

97.       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.

 

98.       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.

 

 

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

·     All roof areas are to drain to the reuse system with overflow to the foreshore

·     All other areas to drain to the foreshore

·     Environmental pollution control pits need to be installed just prior to the connection to the foreshore

 

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

 

100.     Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 0610 DA10 M prepared by Edward O’Hanlon dated 17/03/09. 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.

 

101.     Discharge to the RiverPrior to the issue of the Construction Certificate, the applicant must obtain the written approval of the NSW Maritime Authority to discharge stormwater from the development site directly into the Lane Cove River.

 

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

 

103.     Council construction requirements: The applicant shall reconstruct the following:

 

1.   Reinstate the combined services trench in accordance with Council’s Road Opening Permit

2.   Re-sheet the full width asphalt carriageway (Loop Road) from where the combined services trench starts and ends.

3.   Re-sheet the asphalt carriageway (turning circle area) of The Avenue

4.   Scope of works is as per services plan 0610 DA09 M dated 17-03-09

 

A $50,000.00 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the construction certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the occupation certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

104.     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

 

105.     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

 

106.     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.

 

107.     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.

 

108.     Rainwater Reuse Tanks: The proposed rainwater tanks 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.

 

109.     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 

            Engineering Conditions to be complied with Prior to Commencement of Construction

110.     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

111.     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 any Occupation Certificate.

 

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

 

            Environmental Health Conditions

 

112.     The sewage collection pit must be supplied, constructed and installed in accordance with             the design as submitted and accredited by the NSW Department of Health.

 

113.     An application must be made to Council to install a sewage collection pit in accordance with Section 68, Part C of the Local Government Act 1993 and Clause 28 of the Local Government (General) Regulation 2005.

 

114.     An inspection must be carried out by Council’s Environmental Health Officer at the time of installation.

 

115.     The installation must incorporate duel flush cisterns and AAA rated water saving devices.

 

116.     The sewage collection pit must be located a minimum of 1.5m from any building and must be above the mean high water mark.

 

117.     All sewer and plumbing work must be carried out in accordance with the requirements of the local sewerage authority or the Local Government (Water, Sewerage and Drainage) Regulation 1993.

 

118.     All electrical work must be carried out by a licensed electrician and in accordance with the relevant provisions of AS/NZS 3000.

 

119.     The sewage collection pit must comply with the relevant requirements contained in the Sections of AS/NZS 1546.1-2008

 

120.     The pumps must be fitted with float and/or pressure switches to ensure small volumes of sewage are pumped at regular intervals.  The small diameter pressure line to the sewer must be fitted with a backflow prevention device.

 

121.     The sewage collection pit must be fitted with a back to base monitoring alarm system to indicate an electrical or pump failure.  The alarm system must comprise audible and visible alarms with a muting facility for the audible alarm.  The muting facility must reset to audible after two (2) hours.  The alarms must be visible from inside the premises.

 

122.     All metal fittings and components within the sewage collection pit must be of non-corroding material and have a service life of at least fifteen (15) years.  All mechanical and electrical parts must have a minimum service life of five (5) years and a minimum warranty period of twelve (12) months.

 

            Tree Preservation Conditions

 

123.     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.

124.     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.

 

125.     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.

 

126.     All street trees must be protected during the construction process.

 

127.     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.

 

128.     Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.edu.au for further information.

 

129.     Rubbish must be stored in a sealed 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.

 

130.     Building material must be stored in a sealed locked designated area on the Site.

 

131.     The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

132.     Access to the work Site must only be via designated access points. There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

133.     A bond of $ 40,000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect all trees designated for retention in the Reserve. This bond shall be forfeited in the event of damages to any trees as a result of the development works within a period of 12 months after completion. In the event of damage to any tree, as determined by Council’s Tree Assessment Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal    action by             Council.

 

134.     Any clean up operation which involves disturbing or damaging the bushland vegetation, soil crust or turf, must be coordinated through Council’s Open Space Manager.

 

135.     All outside lighting must be appropriately baffled to minimise light pollution into the Park area and Waterways.

 

136.     The location of the stormwater outlet from the stormwater detention facility must be approved by Council’s Bushland Manager, PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

137.     The trench line for underground Service Lines shall be clearly marked on the ground and shall have a setback distance of not less than 3m from existing trees. The location of all underground Service Lines must be approved by Council’s Bushland Manager and Tree Assessment Officer, PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

138.     The underground Service line must not enter any established Council garden beds.

 

139.     The reinstatement of the reserve area following the installation of service trenches must be to the satisfaction of Council’s Manager Open Space.

 

140.     The Site Arborist shall install and/or supervise all tree protection measures mentioned below. 

·     Trees numbered 7 , 8 , 9 , 14 , 20 , 24 , 55

·     All Swamp Oaks on the west side of the existing gravel pathway running adjacent to Lane Cove River.

·     Trees on the south side of the proposed new concrete access road that will replace the existing bitumen access road.

·     The Fig tree growing from the rock ledge behind the northeast section of the proposed building.

·     All trees that may be vulnerable to damage resulting from Service line installation.

 

141.     To avoid the removal of trees not shown on the plans or not identified in the Arborist Report,             every tree within this section of the reserve, including juvenile trees on the site shall be             either tagged if they are to be retained, or marked with yellow fluorescent paint if they are             designated to be removed.

           

            Identification and tagging of all trees that may be affected by the development shall be             certified by Council’s Tree Assessment Officer.  No site preparation/ works shall take place             until this certification has been completed and a copy obtained by the accredited certifier             and council.

 

142.     All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

143.     No excavation shall occur within 5m distance of trees #8 and #9. The grade of the proposed access road shall be increased from the existing path level with no excavation to be carried out in this area.

 

144.     The access road to the site shall have a temporary tree root protection pad consisting of 100mm x 400mm hardwood planks (or equivalent) fixed with galvanized strapping over a 100mm thick layer of mulch over Geo-textile filter fabric that lays on the soil surface. This Root System Protection Pad shall be in place prior to the issue of the Construction Certificate including demolition or further site preparation and remain in place until the access road is constructed.

 

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

 

146.     Any exposed roots on the soil surface along trench lines must be protected using appropriate method as advised by the site Arborist. 

 

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

 

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

 

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

 

150.     Designated adequate parking areas for construction workers must be established. Parking on Council’s Park areas will not be allowed.

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter of offer from the University of Sydney

2 Pages

 

AT‑2 View

Site Location Plan

2 Pages

 

AT‑3 View

Neighbour Notification Plan

1 Page