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Minutes

Planning and Building

Committee Meeting

19 October 2009, 8:16pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Planning and Building Committee 19 October 2009

 

Minutes

 

 

 

PRESENT: Councillors W. Gaffney (Mayor), I. Longbottom, D. Brooks-Horn, P. Palmer and S. Forrest.

 

ALSO PRESENT:  Executive Manager Environmental Services and Executive Manager Corporate Services.

 

ADJOURNMENT:

 

The meeting was adjourned at 8:16 pm.

 

RESUMPTION:

 

The meeting resumed at 8:19 pm.

 

DECLARATIONS OF INTEREST

 

Nil.

 

ELECTION OF CHAIRPERSON FOR 2009/10

 

Councillor Longbottom was nominated as Chairperson by Councillors Brooks-Horn and Longbottom and Councillor Palmer was nominated by Councillor Forrest and Gaffney.

 

Councillors in favour of Councillor Longbottom being elected Chairperson were asked to raise their right hand, for were Councillors Brooks-Horn and Longbottom.

 

Councillors in favour of Councillor Palmer being elected Chairperson were asked to raise their right hand, for were Councillors Forrest, Gaffney and Palmer.

 

Councillor Palmer was elected as Chairperson.

 

CONFIRMATION OF MINUTES OF planning and building committee - 7 SEPTEMBER 2009

 

DECISION UNDER DELEGATED AUTHORITY

 

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the minutes of the Planning and Building Committee held on the 7 September 2009 be received and confirmed.

 

Upon being put to the Meeting, the motion was declared carried.

 

For the Motion were Councillors Brooks-Horn, Forrest, Palmer, Longbottom and Gaffney (Total 5).

Against the Motion was Nil (Total 0).

 

ENVIronmental Services Division Reports

 

Environmental Services Division Report No. 271

SUBJECT: 147 Greenwich Road, Greenwich

 

DECISION UNDER DELEGATED AUTHORITY

 

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D131/09 for demolition of existing dwelling house and construction of a two storey dwelling house, carport and front fence at 147 Greenwich Road, Greenwich subject to the following conditions.

 

1.         (20) That the development be strictly in accordance with drawing number

·     DA 003, 004, 101, 102, 103, 104, 201, 202, 203, 301 Rev A dated 07/07/09 by Volpatohatz except as amended by the following conditions.

·     plan HDA01 – HDA08 dated June 2009 prepared by Whipps Wood Consulting.

 

2.         The proposed “Fixed Timber Screen” to the southern side of the carport is deleted.

 

3.         The level of the southern edge of the first floor roof shall be no more than RL 45.24. Amended plans shall be submitted prior to the issue of Construction Certificate. 

 

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

 

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

 

6.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·           Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

7.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

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

 

9.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

10.       (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

11.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

 

12.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

13.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

15.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

17.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

18.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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

 

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

 

20.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

21.       (67) 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), 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.

 

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

 

23.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

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

 

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

 

27.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

29.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

30.       (302)  The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

31.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

32.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

33.       (317) A 1.8m high chainmesh temporary fence must be erected a radial distance of not less than 3m from the trunk of the Bottlebrush street tree. This tree protection zone shall remain in place for the duration of the proposed works and shall be reduced to 1.6m for construction of the driveway only. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

34.       A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE –  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

35.       All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work including construction of the driveway crossing.

 

 

36.       There shall be a 1.6m exclusion zone for excavation from the centre of the trunk of the Bottlebrush street tree. The Plans must be amended to show the driveway crossing at least 1.6m from the trunk of the street tree prior to issue of the Construction Certificate.

 

37.       (327)  A bond of $2000.00 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the Bottlebrush street tree identified as Tree No 1.  This bond shall be forfeited in the event of damages to this tree as a result of the development works within a period of 18 months after completion. In the event of damages to the 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.

 

38.       Excavation works for the driveway crossing shall have a setback distance of not less than 1.6m from the centre of the trunk of the street tree.

 

39.       Four trees that grow to a mature height of not less than 6m must be planted in appropriate locations on the property. These replacement trees must be supplied and installed in pot sizes of no smaller than 45 litres and established PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

General Engineering Conditions

 

40.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

41.       (A2) 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. 

 

42.       (A3) 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.

 

43.       (A4) 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.

 

44.       (A5) 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.

 

45.       (A6) 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.

 

46.       (A7) Pedestrian Access Maintained:  Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

47.       (A8) 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.

 

48.       (A9) Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

49.       (V8) Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

50.       (F1) 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.

 

51.       (R2) Rainwater Reuse Tanks:  The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows

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

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

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

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

 

52.       (S1) 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 street.

            All other areas to drain to the street.

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

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

53.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan HDA01 – HDA08 prepared by Whipps Wood Consulting dated June 2009.

 

            Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal 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 Principal 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.

 

54.       (D1) Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres of the proposed excavation.

           

            The applicant shall:-

 

            seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties detail what measures are to be taken to protect those properties from undermining  during construction 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 principal certifying authority prior to the issue of the Constructions Certificate.

 

            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 principal certifying authority prior to the issue of the Occupation Certificate.

 

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

55.       Sydney Water Approval: The approved plans must be submitted to Sydney Water to determine whether the development will affect Sydney’s Waters sewer main which affects this property. If the development complies with Sydney Water’s requirements, the approved plans will be appropriately stamped and submitted to the principal certifying authority prior to the issue of the Construction Certificate.

 

56.       (V1) Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate

 

57.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 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 Occupation 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 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

58.       (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering condition to be complied with prior to commencement of construction

 

59.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering conditions to be complied with prior to Occupation Certificate

 

60.       (V3) Redundant Gutter Crossing.  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

61.       (M2) 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. 

 

For the Motion were Councillors Brooks-Horn, Forrest, Palmer, Longbottom and Gaffney (Total 5).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 42

SUBJECT: Delegated Authority Report - September 2009

 

DECISION UNDER DELEGATED AUTHORITY

 

RESOLVED on the motion of Councillors Palmer and Longbottom that the report be received and noted.

 

 

For the Motion were Councillors Brooks-Horn, Forrest, Palmer, Longbottom and Gaffney (Total 5).

Against the Motion was Nil (Total 0).

  

MATTER ARISING - COMPLYING DEVELOPMENT

 

 DECISION UNDER DELEGATED AUTHORITY

 

RESOLVED on the motion of Councillors Palmer and Longbottom that the Delegated Authority Report include a list of locations and type of application, where Council would have in the past have been the consent authority, but consent has been obtained through another process.

 

 

For the Motion were Councillors Brooks-Horn, Forrest, Palmer, Longbottom and Gaffney (Total 5).

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 8.30pm

 

Confirmed at the Planning and Building Committee Meeting of 2 November, 2009, at which meeting the signature herein is subscribed.

 

 

CHAIRPERSON

 

 

********* END OF MINUTES *********