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Agenda

Inspection Committee Meeting

5 December 2009, 8:00am

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection Committee Meeting, to be held on-site on Saturday 5 December 2009 commencing at 8:00am at 7 Holden St, Northwood. 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 Meeting 5 December 2009

 

TABLE OF CONTENTS

 

 

 

 

 

 

 

Open Space and Urban Services Division Reports

 

1.       Environmental Services Division Report No. 376

SUBJECT: 7 Holden Street, Northwood (8 AM)

 

Environmental Services Division Reports

 

2.       Open Space and Urban Services Division Report No. 62

SUBJECT: Lane Cove Golf Course 17th Green (8:30 AM)............................. 20  

 

 

 

                    


Inspection Committee Meeting Meeting 5 December 2009

 

Environmental Services Division Report No. 376

 

 

 

 

 

  Reference:  Environmental Services Division Report No. 376

Subject:          7 Holden Street, Northwood    

Record No:    DA09/162-01 - 45626/09

Author(s):       Rajiv Shankar 

 

 

Property:                     7 Holden Street, Northwood

 

DA No:                         D162/09

 

Date Lodged:              6 August 2009

 

Cost of Work:              $825 000

 

Owner:                                    DG & MA Cant

 

Applicant:                    DG & MA Cant

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing dwelling house, pool and front fence.

ZONE

Residential 2(a2) - Lane Cove Local Environmental Plan 1987

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                  2, 4, 5, 6, 8, 9, 10, 11, 14 Kelly’s Esp, 4 James St, 2, 4 Bayview St, 2, 3, 5, 9 Holden St.  

Ward Councillors       Clr I Longbottom, Clr D Brooks-Horn, Clr P Palmer, Clr R Tudge

Progress Association Longueville Residents Association, Northwood Action Group.

 

REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee by Councillor Palmer because of the concerns raised by the neighbours.

 

EXECUTIVE SUMMARY:

 

·     This site has been subject to a previous application for an additional dwelling house application which was refused by Council. This application addresses many of the concerns raised in the previous application.

·     The proposal is for alterations and addition to an existing two storey dwelling house, and also includes the construction of a pool and a front fence.

·     The proposal was notified and six (6) submissions were received.

·     The objections from two dwelling houses towards the East substantially relate to potential impact upon views.

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

·     The proposal satisfies the requirements of view sharing principles with the adjoining properties towards the east.

·     The proposal is recommended for approval subject to draft conditions which include lot consolidation.

 

SITE:

 

The site is located on the southern side of Holden Street. The site is irregular in shape. The site comprises of lot 54/DP 58263 & lot 550/DP1131387. Lot 54 is rectangular and lot 550 is trapezoidal in shape with a total area of 522.6 m2. The southern side of the site falls substantially and adjoins the unformed portion of Kelly’s Esplanade, which connects with the unformed portion of James Street. The site falls away from Holden Street.

 

The site features a two storey brick and tile dwelling house with a carport towards the front. There is one palm tree towards the rear of the site.

 

Neighbouring to the east are two double storey brick and tile dwelling houses. Towards the west is a double storey brick and tile dwelling house.   Copy of Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for alterations and additions to the existing dwelling house which includes the following:

 

·     Demolition of a portion of the existing dwelling house towards the east.

·     A carport towards the front.

·     A two storey addition towards the rear with living areas on the upper floor and bed rooms on the lower floor.

·     A triangular terrace on the upper floor towards the rear, with an obscure privacy screen towards the east.

·     A 900mm high front boundary fence which returns along the eastern boundary.

·     A pool at the lower level within the rock bed towards the rear.

 

PREVIOUS APPROVALS/HISTORY:

 

D128/07 - Construction of a new two storey dwelling house, double carport and driveway.- Disapproved by Council. An appeal to the decisions- dismissed by Land and Environment Court.

D216/03 -  Alterations and additions to existing dwelling house and construction of double carport.-Approved by Council.

D214/03 - Construction of a new two storey dwelling house with carport and driveway.- Disapproved by Council.

 

 

 

 

 

 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (522.8m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5

0.525

Yes

Soft Landscaped Area            (min)

35%

35%

Yes

Side Boundary Setback (min)

East- 1.8m

West- Existing & unchanged

1.5m

1.5m

Yes

NA

Overall Height (m)       (max)

7.2m

9.5m

Yes

Ceiling Height (m)       (max)

6.5m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

Existing & unchanged

7.5m

NA

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

Max1.0m

1m

Yes

Deck/Balcony width    (max)

3m

3m (if elevated by >1m)

Yes

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Provided

Required

Yes

 

CARPORTS IN FRONT OF BUILDING LINE

 

 

PROPOSED

CODE

COMPLIES

Building Line    (min)

3.6m

permitted

Yes

Proportion of Allotment Width

6m

50% or 6m, whichever is the lesser

Yes

Setback of Posts (min)

4.9m approximately

1m

Yes

 

FENCING

 

 

PROPOSED

CODE

COMPLIES

Height (max)

900mm

900mm

Yes

 

SWIMMING POOLS

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

10.0m

3m

Yes

Setback if height is >1800mm (min)

1.8m from southern boundary

2.0m from western boundary

1:1 setback measured from concourse edge

Yes

Screening of facade where > 1.0m above ground level?

Screening required as a condition of consent.

Screening required

Yes

 

REFERRALS:

 

Manager Assets

 

No objections were expressed subject to conditions which have been included in the draft conditions of consent.

 

 

 

 

Manager Parks

 

There are no significant trees affected by the proposal. No objection is raised to the removal of the palm. No objections were expressed subject to conditions which have been included in the draft conditions of consent.

 

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

 

Lane Cove Local Environmental Plan 1987

 

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

 

Draft Lane Cove Local Environmental Plan 2009

 

There are no additional provisions that need to be considered with respect to the draft LEP that would effect the compliance of the proposal. The Draft LEP provides for a reduced FSR of 0.5:1, which the proposal would still comply.

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table and matters of consideration, the proposal complies with all the provisions of the Code.

 

Variations to Council’s Codes/Policies - Nil

 

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

 

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

 

Under the DCP the proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

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

 

Privacy

 

The upper level of the eastern elevation has highlight and obscure windows. Therefore, it is considered that the proposed development would provide a reasonable level of privacy between the adjoining properties.

 

Views

 

An objection to the development from neighbours has been that the proposed development would have an adverse and unacceptable impact on views. 

 

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

 

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

 

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

 

3.         Assess the extent of the impact.  This should be done for the whole of the property, not just the view that is affected. Views from living areas (including kitchen areas) are more significant than from bedrooms. While the impact could be assessed quantitatively, it is more useful to look at the issue in a qualitative sense and ask whether the view loss is negligible, minor, moderate, severe or devastating.

 

4.         Assess the reasonableness of the proposal that is causing the impact.  Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design. Importantly, the Senior Commissioner said that “where an impact on views arises as a result of non compliance with one or more planning controls, even a moderate impact may be considered unreasonable”. View impact from a complying development would probably be considered acceptable, and view sharing reasonable.

 

In assessing the impact on views it is considered that:-

 

1.         The views likely to be affected are not iconic views but are water views and are considered significant.

 

2.         The views from the dwelling houses at 5 and 5A Holden Street being impacted are across the side boundaries rather than from the front or rear of the property and are thus recognised as being difficult to protect.

 

3.         The views taken from the living room towards the south and the upper floor of 5A Holden Street are not significantly impacted. Water views from living rooms and balconies of 5 Holden Street would also be retained. While the impact upon views is considered moderate, the impact has been significantly reduced by the suggested deletion of the obscure privacy screen along the eastern edge of the triangular terrace towards the rear of the proposed development as a condition of consent. (Condition 3) (AT3)

 

4.         The proposal complies with all relevant planning controls and is considered reasonable. The proposed dwelling house is below the maximum ceiling height and maximum overall height requirements. It is not considered excessive in bulk as it complies with the maximum permissible floor space requirements and has a flat roof which follows the profile of the viewing sight lines of the adjoining properties towards the east. The side setbacks are more than the minimum required. In this regard, view impact of the complying development is considered acceptable and view sharing reasonable.

 

In view of the above findings it is considered that the proposal reasonably satisfy the requirements of view sharing principles with the adjoining properties towards the east.

 

Overshadowing

 

Clause 3.4 of the DCP requires that the proposal should:

 

“give reasonable sunlight to the habitable rooms and recreational area of the adjoining properties between 9.0am and 3.0m on 22nd June”

And

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

 

The proposal presents an acceptable level of overshadowing and would not significantly impact on the level of solar access to adjoining developments. The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwellings would receive 3 hours of sunlight between 9am and 3pm. In this regard it is considered that adequate solar access would be retained in accordance with the requirements of the DCP.

 

Access, Transport and Traffic

 

The existing vehicular access from Holden Street is to be maintained. No additional vehicular access has been proposed from Kelly’s Esplanade.

 

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

 

The proposal maintains the residential use of the site. It is considered compatible with the neighbouring dwelling houses, and consistent with the scale and character of the development in the area. Accordingly, the site is considered suitable with respect to the proposed development.

 

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

 

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

 

Dwelling house at 5A Holden Street

 

Non Compliance with clause 2(a)(i) of the LEP which is as follows:-

 

“To maintain and where appropriate improve the existing amenity and environmental character of residential zones”

 

and clause 2(a)(iii) of the LEP which is as follows:-

 

“to permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with the adjoining development”

 

Comment

 

The flat inclined roof form follows the line of sight of the adjoining dwelling houses towards the east which would reduce the impact upon the adjoining properties. As discussed in the report above, the proposal maintains the amenity of the surrounding properties. It is considered that the proposal complies with the objectives of Local Environmental Plan 1987.

 

 Non Compliance with the Lane Cove Code for Dwelling Houses.

 

Comment

 

As indicated in the policy compliance table earlier in the report, the proposal complies with all the provisions of the code.

 

Impact upon Views:

 

Comment: As indicated in the report above, the proposal satisfies the requirements of view sharing principles.

 

Impact on Heritage Value:

 

Comment

 

The dwelling house at 5A is not listed as a heritage item.

 

Dwelling House at 5 Holden Street

 

Impact upon views:

 

Comment

 

As indicated in the report above, the proposal satisfies the requirements of view sharing principles.

 

Dwelling House at 9 Kelly’s Esplanade

 

The large roof almost covers the entire length and dominates the site.

 

Comment

 

The proposal complies with the requirement of maximum floor space ratio. The proposed Floor Space Ratio (FSR) is 0.5:1, which is less than the maximum permissible FSR of 0.525:1.

 

Reduction in Soft Landscape Area.

 

Comment

 

The proposal complies with the requirement of minimum soft landscaping, and provides 35% of the site area as landscaped space.

 

Dwelling House at 4 Holden Street

 

Floor Space Ratio and bulk and scale.

 

Comment

 

As indicated in the report above the proposal complies with the requirement of maximum floor space ratio. The height of the proposed extension is less than the maximum permissible. Therefore it is considered that the bulk and scale of the proposal would not be excessive.

 

Energy Efficiently

 

Comment

 

The proposal complies with the requirements of BASIX.

 

The Northwood Action Group

 

Excessive bulk and scale.

 

Comment

 

Already discussed above.

 

Potential for Two Dwellings

 

Comment

 

There is one kitchen and one laundry in the proposed development. The proposed development would not be capable of being used as two dwellings.

 

Consolidation of the Existing Lots

 

Comment

 

Consolidation the two existing lots would be required prior to the issue of Occupation Certificate as a draft condition of consent.

 

Dwelling House at 81 Northwood Road

 

Consolidation of the existing lots.

 

Comment

 

Already discussed above.

 

The Existing Dwelling on the Western Side is Built Very Close to the Western Boundary.

 

Comment

 

The portion of the dwelling house, which is close to the western boundary, is already existing. It would be unreasonable for Council to require demolition of an existing dwelling house to achieve compliance with the setbacks required by the DCP.

 

Impact of Overshadowing on the Adjoining Properties:

 

Comment

 

The shadow diagrams indicate that solar access to adjoining properties would be retained in accordance with the requirements of the DCP.

 

Thermal Efficiency.

 

Comment

 

Already discussed above.

 

Excessive Bulk and Scale

 

Comment

 

Already discussed above.

 

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

 

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. The proposed development does not create any major environmental impact. Accordingly it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

 

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council’s controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D162/09 for alterations and additions to the existing dwelling house, pool and front fence at 7 Holden Street, Northwood

subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawing number 0801/DA01 to 03 issue A dated 16/06/09, 06 issue A dated 05/08/09 by David Cant except as amended by the following conditions.

 

2.         The two lots (lot 54/DP 58263 & lot 550/DP1131387) shall be consolidated into one lot.  A plan of consolidation prepared by a registered surveyor and six (6) paper copies shall be submitted to Council for signature prior to registration at the Department of Lands (Land and Property Information) (Department of Information and Land Management).  Evidence of consolidation from the Department of Lands (Land and Property Information) shall be submitted to Council or the Principal Certifying Authority prior to the release of an Occupation Certificate.

 

3.         The proposed obscure privacy screen, along the eastern edge of the triangular terrace towards the rear, is deleted.

 

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.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 1993, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

16.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

17.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

18.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

19.       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)         Pool reinforcement prior to placement of concrete.

h)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

 

20.       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;

 

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

 

22.       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.

 

23.       (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.

 

24.       (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.

 

25.       (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.

 

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

 

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

 

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

 

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

 

30.       (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.

 

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

 

32.       (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.

 

33.       (302)  All existing trees, excepting those shown in the approved plan to be removed shall be protected for the duration of the proposed development.  Irrespective of this consent permission from Council must be obtained for the pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

34.       (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.

 

35.       (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.

 

General Engineering Conditions

 

36.       (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.

 

37.       (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. 

 

38.       (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.

 

39.       (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.

 

 

40.       (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.

 

41.       (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.

 

42.       (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’.

 

43.       (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.

 

44.       (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.

 

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

 

46.       (W2) Pool construction stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

47.       (R1) Rainwater Reuse Tanks:  The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

            Note:

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

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

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

 

48.       (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

            Designated 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

 

49.       (D2) Drainage plans amendments: The stormwater drainage plan SW1 & SW2 prepared by Robert A Howard & Associated P/L dated Dec 2008 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

            The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

50.       (W1) Pool construction The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

            Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate

 

 

 

51.       (M3) Engineering certification: A suitably qualified engineer shall design and certify the structure of the proposed swimming pool. The plan is to be submitted to the principal certifying authority prior to the issue of the Construction Certificate.

 

52.       (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.

 

53.       (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.

 

54.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate

 

Engineering Condition to be Complied With Prior to Commencement of Construction

 

55.       (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 Condition to be Complied With Prior to Occupation Certificate

 

56.       (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. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Photos on site

6 Pages

 

 

       

 

 

 


Inspection Committee Meeting Meeting 5 December 2009

 

Open Space and Urban Services Division Report No. 62

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 62

Subject:          Lane Cove Golf Course 17th Green    

Record No:    SU2932 - 47673/09

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

At the Ordinary Council Meeting of 16 November 2009, Council resolved to conduct an Inspection Committee on 5 December 2009, at the Lane Cove Golf Course to discuss the staff “Vegetation Management Plan for Bushland adjacent to the 17th Green”.

 

It is anticipated that this site meeting will provide Councillors with the factual information and necessary community feedback to resolve the vegetation management issue.

 

Background

 

At the Ordinary Council meeting of 16 November 2009, Council resolved:-

 

“ 1.         That Council proceed with calling for quotations to undertake the reconstruction of

the 17th green in accordance with the design prepared by Mark Parker Golf Pty Ltd.

 

2.           That an on-site meeting to discuss the vegetation management plan for the bushland adjacent to the 17th green be conducted as part of the next Inspection Committee, to be held on 5 December 2009.”

 

The Inspection Committee meeting is scheduled to commence at 8.30am on 5 December 2009.

 

Discussion

 

It is proposed that Councillors meet at the 17th green of the Lane Cove Golf Course, which is situated in the south-east corner of the site. Discussion will centre on the staff “Vegetation Management Plan for Bushland adjacent to the 17th Green”. Copies of the Vegetation Management Plan are provided as Attachment 1 for Councillors information and consideration.

 

 

RECOMMENDATION

 

That:-

 

1.         Council receive and note the report.

 

2.         Council determine whether the staff “Vegetation Management Plan for Bushland adjacent to the 17th Green” is suitable for improving growing conditions of the 17th green without impacting on the integrity of the adjacent bushland.

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

staff proposed work plan  for bushland adjacent to 17th green Nov 2009

2 Pages