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Minutes

Planning and Building Committee

15 March 2010, 7:50pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Planning and Building Committee 15 March 2010

 

Minutes

 

 

 

 

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

 

ALSO PRESENT:  Executive Manager – Environmental Services and Manager – Governance.

 

DECLARATIONS OF INTEREST:  Nil

 

CONFIRMATION OF MINUTES OF Planning and Building COMMITTEE – 19 OCTOBER 2009

DECISION UNDER DELEGATED AUTHORITY:

 

RESOLVED on the motion of Councillors Palmer and Forrest that the minutes of the Planning and Building held on the 19 October 2009 be received and confirmed.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 162

SUBJECT: 20 Kingslangley Road, Greenwich

 

DECISION UNDER DELEGATED AUTHORITY:

 

RESOLVED on the motion of Councillors Longbottom and Forrest 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. 

 

 

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

Against the Motion was Nil (Total 0).

 


 

Environmental Services Division Report No. 8

SUBJECT: Delegated Authority Report - February 2010

 

DECISION UNDER DELEGATED AUTHORITY:

 

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

 

 

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

Against the Motion was Nil (Total 0).

  

 

 

 

CLOSE

 

The meeting closed at 8.10pm.

 

Confirmed at the Planning and Building Committee Meeting of 6 April 2010, at which meeting the signature herein is subscribed.

 

 

CHAIRPERSON

 

 

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

 

MEETING FILE REF:  Document3