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Agenda

Planning and Building

Committee Meeting

15 March 2010, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee, to be held in the Council Chambers on Monday 15 March 2010 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 

 


Planning and Building Committee 15 March 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 19 OCTOBER 2009

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 162

SUBJECT: 20 Kingslangley Road, Greenwich

 

3.       Environmental Services Division Report No. 8

SUBJECT: Delegated Authority Report - February 2010  

 

 

 

                     


Planning and Building Committee Meeting 15 March 2010

 

Environmental Services Division Report No. 162

 

 

 

 

 

Reference:    Environmental Services Division Report No. 162

Subject:          20 Kingslangley Road, Greenwich    

Record No:    DA09/258-01 - 5887/10

Author(s):       Rajiv Shankar 

 

 

Property:                     20 Kingslangley Road, Greenwich

 

DA No:                         D258/09

 

Date Lodged:              6 November 2009

 

Amended plans           Renotified on 20 January 2010

 

Cost of Work:              $500 000

 

Owner:                                    J Liu & J Wong

 

Applicant:                    JCK Design

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

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

ZONE

Lane Cove Local Environmental Plan 1987- Residential 2(a1)

 

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                 9, 11, 13, 14, 18, 11A, 22 Kingslangley Rd, 112, 114, 116, 116A, 118, 120 River Rd.

Ward Councillors       Clr W Gaffney, Clr D Brooks-Horn, Clr P Palmer, Clr R Tudge

Progress Association Greenwich Community Association

 

REASION FOR REFERRAL:

 

The application is referred to the Planning and Building Committee at the request of Councillors Palmer and Tudge due to concerns raised by the adjoining neighbour.

 

 

 

 

 

EXECUTIVE SUMMERY:

 

·     The proposal is for the demolition of an existing dwelling house and construction of a two storey dwelling house.

 

·     Consideration of this application is under Lane Cove Local Environmental Plan and Council’s Dwelling House Code.

 

·     Following the notification of the proposal and preliminary assessment by Council, the applicant submitted additional details and amended plans for the proposal.

 

·     Towards the rear, there are three Eucalypt trees which would be retained.

 

·     Adjacent to the front boundary, there is a semi-mature London Plane tree which would be removed given its poor conditions should the application be approved.

 

·     The proposal complies with the requirements of Council’s Dwelling House Code with the exception of maximum cut and fill.

 

·     Following notification, an objection was received from the resident of the dwelling house towards the south-east of the subject property.

 

·     The objection relates to adverse impact on solar access, concerns with regard to a Cape Chestnut Tree growing close to the side boundary and the proposed development not being in accordance with sustainable building practices.

 

·     The proposal is supported and recommended for approval subject to draft conditions.

 

SITE:

 

The site is located on the south-western side of Kingslangley Road. The site is rectangular in shape with an area of 627.08 m2.  The site falls away from the street boundary and towards the north-western side boundary.

 

The site features a single storey dwelling house with an attached carport within the front building line and an outbuilding towards the rear.

 

There are three Eucalypt trees towards the rear of the existing dwelling house and one semi-mature London Plane tree adjacent to the front boundary. There is a Liquidambar tree located at the front of the adjoining dwelling house towards the south-east.

 

Neighbouring to the south-east is a two storey brick dwelling house with a carport in front. Towards the north-west is an access to 22 and 22A Kingslangley Road. Beyond the access is Henningham Reserve.  Site Plan and Notification Plan attached (AT1 and AT2).

 

APPLICABLE PLANNING CONTROLS:

 

Notwithstanding the recent gazettal of Lane Cove LEP 2009, this application was submitted under the provisions of Lane Cove LEP 1987, and Council is required to assess and determine such applications under the planning controls in force at the time of lodgement; ie LEP 87 and the Dwelling House Code.

 

 

 

 

 

PROPOSAL:

 

The proposal includes the following:-

 

·     Demolition of the existing dwelling house and outbuilding.

·     Removal of the semi-mature London Plane tree adjacent to the front boundary.

·     Construction of a two storey dwelling house with a flat metal roof and a basement towards the northern corner of the proposed dwelling house.

·     The ground floor comprises an attached double garage, a bed room, bathrooms and living areas.

·     At first floor level there are 4 bed rooms and 2 balconies; the front balcony is 1.3m wide and the rear balcony is 1.7m wide.

·     A covered timber pergola towards the rear.

 

PREVIOUS APPROVALS/HISTORY:

 

There are no relevant applications on the subject property.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (627.08m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5

0.5

Yes

Soft Landscaped Area            (min)

38.1%

35%

Yes

Side Boundary Setback (min)

South-eastern side:

Ground floor:

First floor:

North-western side:

Ground floor:

First floor:

 

 

1.5m/1.9m

1.5m/4.2m

 

1.5m/2.0m

1.5m

 

 

1.2m

1.5m

 

1.2m

1.5m

 

 

Yes

Yes

 

Yes

Yes

Overall Height (m)       (max)

8.2m

9.5m

Yes

Ceiling Height (m)       (max)

6.5m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

8.0m

7.5m

Yes

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1.8m

1m

NO (+.8m)

Deck/Balcony width    (max)

Front- 1.3m

Rear- 1.7m

3m (if elevated by >1m)

Yes

Yes

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Provided

Required

Yes

 

OUTBUILDING (COVERED PERGOLA)

 

 

PROPOSED

CODE

COMPLIES

Maximum height (ceiling to natural ground level)

2.7m

3.6m

Yes

Maximum floor area

14 m2

10% of the allotment or 55m2 whichever is the lesser

Yes

No of Storeys

1

1

Yes

 

 

 

REFERRALS:

 

Manager Assets

 

Council’s Engineer has raised no objection to the proposal and provided draft conditions for consideration.

 

Manager Parks

 

A semi-mature London Plane tree adjacent to the front boundary has been indicated for removal. No objection has been expressed to the removal of this tree given its poor condition.

 

One Liquidambar tree located at the front of 22 Kingslangley Street is vulnerable to damage during construction. Construction of the proposed retaining wall along the common boundary line in close proximity to the tree may encounter the root system of the tree. To avoid long term damage to the tree, tree roots that may require removal, should be removed by a qualified arborist in accordance with AS4373 ‘Pruning of Amenity Trees’ if the application is to be approved.

 

The three Eucalypt trees located at the rear of the allotment would need to be protected during the proposed development works. Conditions for the protection of the three trees have been provided which have been included in the draft conditions of consent.

 

The proposed stormwater dispersal system does not consider the root system of trees at the rear to be retained. Excavation would not be permitted within a radial distance of 5m from the trunk of any tree at the rear of the allotment. Amended stormwater plans would be required prior to issue of construction certificate (required by condition 2).

 

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 (a1) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with the development consent of Council.

 

Lane Cove Local Environmental Plan 2009

 

There are no additional provisions that need to be considered with respect to the Lane Cove Local Environmental Plan 2009.  See previous comments in relation to the determining LEP fro the application.

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table, the proposal complies with the provisions of the code, with the exception of maximum permissible cut and fill.  The basement proposed would not result in the building being 3 storeys as the basement is excavated into the site and is 600mm above ground level (to underside of the dwelling house ground floor slab).

 

Variations to Council’s Codes/Policies

 

The proposal would not comply with the provisions for maximum permissible cut and fill, however it is considered satisfactory on the following grounds:-

 

·     The increased cut is for the purpose of a basement which is below ground.

·     The proposed basement would not be used for habitable purposes.

·     The size of the basement (55sqm) is not considered excessive. It is less than one fourth the footprint of the proposed development.

·     The basement is located towards the northern edge of the proposed development where the natural ground level is the lowest. This has reduced the extent of excavation to the minimum.

·     The basement would not increase the bulk of the proposed development.

·     The proposed basement would not increase the impact of the proposed development on the adjoining properties.

 

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 proposed dwelling house has been designed to minimise overlooking of the adjoining properties, by using features such as highlight windows to south-eastern elevation and screen walls on the sides of the front balcony to ensure that a reasonable level of privacy is maintained between the adjoining properties.

 

 

Overshadowing

 

The building has an overall height of 8.2m maximum and features a low skillion/ flat roof design.  Internal ceiling heights are 3m at ground floor level and 2.7m at first floor level.  The proposed first floor south-eastern side boundary setback is 4.2m, which is significantly more than the minimum of 1.5m required by Council’s Dwelling House Code.

 

The shadow diagrams indicate that the windows serving habitable rooms in the adjoining dwelling house receive 3 hrs of sunlight between 9am & 3pm.  This is in accordance with the requirements of Council’s Dwelling House Code.

 

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

 

The proposal maintains the residential use of the site. Accordingly, the site is considered suitable with respect to the proposed development of the site for a dwelling house.

 

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

 

Both the original and amended proposals were notified in accordance with Council’s policy.

 

One objection was received to each notification, from the resident of the adjoining dwelling house towards the south-eastern side of the subject property. The issues raised in the submission are addressed below:

 

“The proposal would adversely impact upon solar access to the adjoining property.”

 

Comment

 

In the amended proposal the first floor south-eastern side boundary setback has been increased from 3.0m to 4.2m to provide increased separation between the proposed dwelling house and the adjoining dwelling house towards the south-east. The proposed side boundary setback of 4.2m is significantly more than the minimum of 1.5m required by Council’s Dwelling House Code.

 

The shadow diagrams indicate that the windows serving habitable rooms in the adjoining dwelling house receive 3 hours of sunlight between 9am & 3pm and thereby comply with the requirements of Council’s Dwelling House Code.

“The proposed development may seek to remove a Cape Chestnut tree close to the side boundary. This tree, which provides screening to the upper bed rooms, should be retained.”

 

Comment

 

The Cape Chestnut tree, close to the side boundary, is not indicated for removal. The tree preservation officer has stated that the proposed development will not impact upon the stability of the tree.

 

“The proposed development is not in accordance with sustainable building practices.”

 

Comment

 

A BASIX certificate, which relates to sustainability, energy and water consumption, has been provided along with the original application. An amended BASIX certificate is provided along with the amended proposal, and indicates compliance with the sustainability principles of BASIX.

 

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 would not create any major environmental impacts. Accordingly, it is considered that the proposed development is in the public interest and is supported subject to appropriate draft conditions.

 

CONCLUSION

 

The application was amended following the initial notification and review of the relevant issues by staff.  The applicant has addressed issue raised and the amended proposal and draft conditions of consent are supported.  One objection was received to both the original and the amended proposal.  The issues raised have been addressed in the report. 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 D258/09 for demolition of existing and construction of a two storey dwelling house at 20 Kingslangley Road, Greenwich subject to the following conditions:-

 

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

 

·     DA/01, 02, 03, 04, 05, 06, 07, 09 Rev A dated 20/01/10, 

·     DA/17 dated 17/02/10,

·     DA/18 dated 18/02/10

            by JCQ Design except as amended by the following conditions.

 

2.         The proposed stormwater dispersal system should consider the root system of trees to be retained at the rear of the allotment. Excavation will not be permitted within a radial distance of 5m from the trunk of any standing at the rear of the allotment. Amended Stormwater Plans addressing this issue shall be submitted prior to ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

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

 

5.         (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.

 

6.         (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.

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

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

 

14.       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

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

 

15.       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;

g).        shoring details.

 

16.       (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.

 

17.       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.

 

18.       (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.

 

19.       (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.

 

20.       (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.

 

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

 

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

 

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

 

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

 

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

 

26.       (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.

 

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

 

28.       (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.

 

29.       (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.

 

30.       (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.

 

 

31.       (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.

 

32.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 4m from the trunk of the three Eucalypt trees located at the rear of the allotment. The tree protection area/s shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area/s shall remain undisturbed save soft landscaping works that shall be carried out using hand held tools only.

 

33.       A 1.8 m high fence of chain mesh shall be erected around the dripline of the Poplar street tree. The soil levels within the fenced area shall remain undisturbed.

 

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

 

35.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing.

 

36.       (354)  Footing, trench or excavation that is within 4m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

37.       (355)  An Arborist with minimum AQF Level 4 Qualifications must view all digging / excavation that is within 4m of the Liquidambar tree located in the neighbouring property. Tree roots encountered that require cutting shall conform to Australian standard AS4373 ‘Pruning of Amenity Trees (2007) and be carried out by the Arborist.

 

38.       Excavation for the stormwater dispersal system shall have a setback distance of not less than 5m from the trunk of the three trees at the rear of the allotment. 

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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

 

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

 

48.       (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.

 

49.       (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 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.

 

50.       (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 an absorption  system

            The absorption system needs to be located along the north western boundary clear of the existing trees to remain.

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

 

51.       (D1) Drainage Plans new: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management.

 

52.       (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

 

53.       (D1) Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters 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 Construction 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 principle 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.

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

 

55.       (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.

 

Engineering Condition to be Complied with Prior to Commencement of construction

 

56.       (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 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

 

57.       (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

Amended Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

 


Planning and Building Committee Meeting 15 March 2010

 

Environmental Services Division Report No. 8

 

 

 

 

 

Reference:    Environmental Services Division Report No. 8

Subject:          Delegated Authority Report - February 2010    

Record No:    SU1863 - 8477/10

Author(s):       Angela  Panich 

 

 

Executive Summary

 

During the month of February 2010 a total of 22 Development Applications were determined under delegation by staff.  In addition 4 Construction Certificates and 10 Privately Certified Construction Certificates were issued.  There were 6 Privately Certified Complying Developments.

 

Developments under the new State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in February were:-

 

            8 Bayview Street, Northwood                         -           Swimming Pool

            118-120 Pacific Highway, Greenwich             -           Office Fitout

            106-116 Pacific Highway, Greenwich             -           Office Fitout

            10 Wilona Avenue, Greenwich                       -           Deck

            20 Kara Street, Lane Cove                             -           Swimming Pool

 

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for February 2010

3 Pages