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Agenda

Planning and Building

Committee Meeting

7 June 2010, 8:00pm

 

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee meeting, to be held in the Council Chambers on Monday 7th June 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 7 June 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 17 MAY 2010

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 197

SUBJECT: 30 Myee Crescent, Lane Cove West

 

3.       Environmental Services Division Report No. 221

SUBJECT: 109A Northwood Road, Northwood

 

4.       Environmental Services Division Report No. 16

SUBJECT: Delegated Authority Report - May 2010  

 

 

 

                      


Planning and Building Committee Meeting 7 June 2010

 

Environmental Services Division Report No. 197

 

 

 

 

 

Reference:    Environmental Services Division Report No. 197

Subject:          30 Myee Crescent, Lane Cove West    

Record No:    DA09/302-01 - 12449/10

Author(s):       Rajiv Shankar 

 

 

Property:                     30 Myee Crescent, Lane Cove West

 

DA No:                         DA 09/302

 

Date Lodged:              24 December 2009

 

Amended Plans:         Notified on 23 March 2010

 

Cost of Work:              $960 000

 

Owner:                                    V B Lele & S V Lele

 

Applicant:                    Greenfield DA Services

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing dwelling house and erection of a two storey dwelling house.

ZONE

Lane Cove Local Environmental Plan 1987-

Residential 2(a2)

Lane Cove Local Environmental Plan 2009-

Low density residential R2

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

Yes

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  9, 11, 13, 26, 28, 32, 34, 36, 38-40, Myee Cr, 100 Penrose St.

Ward Councillors       Clr W Gaffney, Clr I Longbottom, Clr K Mcllroy,

Progress Association Lane Cove West Residents Association

Other Interest Groups Lane Cove Bushland and Conservation Society

 

REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee meeting by Councillor Longbottom because of concerns raised by a neighbour.

 

 

EXECUTIVE SUMMARY:

 

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

·     This application was submitted at a time when the Lane Cove Local Environmental Plan 1987 was in force and has accordingly been assessed in accordance with that LEP and respective Dwelling House Code.

·     The proposal was notified and two submissions were received.

·     The concern raised by the adjoining neighbour towards the east is primarily with regard to impact on privacy arising from east facing windows, ground floor and first floor rear decks.  This has been supported in an additional document provided by his planning consultant.

·     The concern of the neighbours opposite related to the reduction of views over the site to the escarpment of Boronia Park.

·     The concerns raised by the neighbours were taken into consideration and the proposal was amended. The amended proposal was renotified and one submission was received.

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

 

SITE:

 

The site is located on the southern side of Myee Crescent. The site is irregular in shape with an area of 588.1 m2 and adjoins Lovetts Reserve towards the south. The site falls away from the street.

 

The site features a single storey brick and tile dwelling house with a two storey portion towards the rear and an attached garage along the eastern boundary.

 

Neighbouring to the east and west are single storey brick and tile dwelling houses with two storey portions towards the rear. The dwelling house towards the east has a deck and swimming pool towards the rear.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal includes the following:-

 

·     Demolition of the existing dwelling house.

 

·     Construction of a two storey dwelling house comprising:-

­ A living room, a bed room and a bathroom on the lower ground floor;

­ Living areas, a bedroom with an ensuite / WIR and a double garage on the ground floor;

­ A full length rear balcony with a varying width of 2.89m towards the sides and a width of 4.45m towards the middle of the proposed dwelling house on the ground floor;

­ Bed rooms, ensuites and a study on the first floor; and

­ A 5.29m wide rear balcony on the first floor.

 

·     Removal of three (3) fruit trees towards the rear.

 

PREVIOUS APPROVALS/HISTORY:

 

Council’s records do not indicate development applications on the subject property.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (588.1m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5

0.5

Yes

Soft Landscaped Area            (min)

38%

35%

Yes

Side Boundary Setback (min)

East side boundary

Ground – 1500mm

Garage-1200mm

First – 3040mm

West side boundary

Ground – 1200mm

First – 1800mm

 

1200mm

1200mm

1500

 

1200mm

1500mm

 

Yes

Yes

Yes

 

Yes

Yes

Overall Height (m)       (max)

8.6m

9.5m

Yes

Ceiling Height (m)       (max)

7.0m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

5.5m

7.5m

NO*

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1m

1m

Yes

Deck/Balcony width    (max)

Ground floor

2.89m & 4.45m

First floor

5.29m

3m (if elevated by >1m)

 

NO

 

NO

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Certificate Provided

Required

Yes

* Complies with adjoining dwellings and streetscape impact issues

 

REFERRALS:

 

Manager Assets

 

Council’s Engineer has stated that no on-site detention is required as the site falls within the OSD exclusion zone. The applicant is proposing a 3100L rainwater reuse system.

 

Council’s Engineer has provided draft conditions of consent in the event that the application is approved.

 

Manager Parks & Manager Bushland

 

No objection has been expressed for the removal of the three (3) fruit trees towards the rear. The Gordonia street tree would be retained.

 

The proposal allows for a 10m plus buffer zone behind the property, which complies with the requirements of DCP part H- Bushland protection.

 

The proposal would not significantly change the visual aspects of the existing residential allotment where it would be unacceptably prominent.

 

Landscape plans submitted along with the proposal are considered satisfactory. Conditions have been provided which have been included in the draft conditions of consent.


Rural Fire Service

 

The Rural Fire Service has not raised any objection to the proposal and has provided conditions which have been included in the draft condition of consent.

 

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; i.e. LEP 87 and the Dwelling House Code.

 

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.

 

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.  Under this LEP the site is zoned R2 Low Density Residential.

 

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 front building line and maximum width of balcony.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for front building line and minimum width of balcony however it is considered satisfactory with respect to each of these on the following grounds:

 

Front Building Line

 

·     The street has a reduced front building line. The front setback of the dwelling house towards the east is 5.1m and the dwelling house towards the west is 5.5m. Therefore, a proposed front setback of 5.5m would be consistent with the setbacks of the adjoining properties along the street and is supported.

 

Maximum Width of Balcony:

 

Recent Court Case

 

A reference is made to a recent Land and Environment Court case Burrows and Faulkner vs. Lane Cove Council (2009) NSW L&EC 10855 against Council’s refusal of an application to modify the development consent to demolish the existing rear timber decks and construct a 4.0m wide deck to the rear of 22 Gore Street, Greenwich.

 

Clause 3.6 of Council’s Dwelling House Code states:

 

“Elevated decks, terraces and balconies greater than 1m above natural ground level are not to exceed a width of 3.0m of usable area. The clause does not apply where privacy is not an issue”.

 

The commissioner considered the merits of the proposal and concluded:

 

·     That a 4 metre wide deck would provide greater utility to the applicants than that provided by a 3 metre wide deck.

 

·     That having regard to Standard 3.6 of the Lane Cove Building Code for Dwelling Houses- August 2002, the actual usable area of the deck needs to be taken into account when interpreting the standard. The construction of a fixed louver privacy screen would cure any potential overlooking and satisfy standard 3.6 in relation to privacy.

 

Notwithstanding the decision of the Land and Environment Court, the land and context of the above development application exhibited a limited site access to the rear and the balcony was the only accessible area to the site.

 

The appeal was upheld.

 

With regard to the above it is concluded that not withstanding Clause 3.6 of Council’s Dwelling House Code, where privacy may be an issue, decks wider than 3m may be permitted provided there is a cure for any potential overlooking by the construction of privacy screens and louvers. 

 

Ground Floor Balcony

 

The ground floor rear balcony has a width of 2.89m towards the sides and a width of 4.45m towards the centre of the proposed dwelling house.

 

The eastern portion of the balcony includes a BBQ area, which has a usable width of 2.89m, would have a potential of overlooking the pool area of the adjoining area towards the east. The proposed 1500mm high privacy screen along the eastern edge of the balcony would prevent overlooking from this portion of the balcony. (Refer to draft condition 2). Notwithstanding that this portion of the balcony meets the maximum 3.0m width requirement; a 1500mm fixed horizontal louver privacy screen along the southern edge would prevent overlooking the pool area and still allow views towards the rear. (Refer draft condition 3).  The screen would be 1.33m long and located between the columns indicated on the plan.

 

The middle portion of the proposed balcony, which has a usable width of 4.45m, would have a potential of overlooking the pool area of the adjoining area towards the east. The proposed 1800mm high screen would not adequately cure any potential overlooking from the proposed balcony because there is potential for overlooking in the pool area from the southern edge of the extended middle portion of the proposed balcony. Therefore, the middle extended portion of the balcony is deleted and should be restricted to 3m (Refer to draft condition 4)

 

First Floor Balcony

 

The 5.29m wide first floor rear balcony is significantly elevated and is at a distance from the pool area of the adjoining property towards the east. The proposed balcony is setback from the eastern edge of the proposed building and viewing is restricted by the roof below over the ground floor balcony.  The proposed 1500mm high privacy screen would cure any potential overlooking from the first floor balcony. Therefore, in view of the recent court decision mentioned above and the particular context of this site, it is not considered necessary to reduce the usable width of the first floor balcony. (Refer to draft condition 5 for the installation of a privacy screen).


Other Planning Instruments

 

DCP 1 (Land Adjacent to Bushland)

 

The subject property is adjacent to land zoned Bushland 6(b) and DCP 1 is applicable. The proposal provides for a setback of 14m from the rear boundary which is more than the minimum of 10m required by DCP1. Therefore, it is considered that the proposed development would not adversely impact upon the adjoining bushland.

 

SEPP No 19 (Bushland in Urban Areas)

 

The site is located adjacent to bushland. State Environmental Planning Policy 19 aims to protect and preserve bushland within urban areas.  Clause 6 provides that a person shall not disturb bushland zoned or reserved for public open space purposes without the consent of Council.

 

In view of the nature and scale of the development and an adequate stormwater management system, it is considered that no adverse impact in terms of drainage and sedimentation and to flora and fauna would result from the proposed development. It is considered that the proposal would not adversely impact on the quality of soil on the site and adjoining bushland.

 

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 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

 

Following notification of the application, the applicant has amended the plans to take into account neighbour concerns.  A copy of the submission from the applicant’s consultant is attached (AT3).

 

The proposed dwelling house minimises overlooking of adjoining properties. There are no east facing windows on the lower ground floor or the ground floor except a laundry door and a WC window which are obscure and a highlight garage window. The two first floor south facing windows, which have an increased side boundary setback, are highlight windows.

 

The width of the ground floor deck has been reduced as a condition of consent. Privacy screens have been introduced on the ground floor and the first floor deck to ensure that a reasonable level of privacy is maintained between the adjoining properties.

 

Views

 

An objection to the development from the resident of 11 Myee Crescent has been that the proposed development would have an 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 high value in that they are not iconic or of grand vistas or water, but of bushland.

 

2.         The views being impacted are across the front boundary and are thus recognised as being reasonable to protect.

 

3.         Given that there are a wide range of views available and water views are not being impacted it is considered that the impact upon views is minor.

 

4.         The proposal complies with all relevant planning controls, particularly with respect to floor space ratio and overall height and is considered reasonable. In this respect view impact of a complying development is considered acceptable and view sharing reasonable.

 

In view of the above it is considered that the proposal would satisfy the requirements of view sharing principles with 11 Myee Crescent.

 

Overshadowing

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments. The shadow diagrams indicate that the windows serving habitable rooms in the adjoining dwelling houses receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

 

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

 

There exists a single dwelling house on the site. The proposal maintains the residential use of the site. 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 original proposal was advertised in accordance with Council’s policy of Community Consultation. Two submissions were received. The proposal was subsequently amended and re-advertised. One submission was received in response to the amended proposal.

 

The issues raised in the submissions have been addressed below:

 

Resident of 11 Myee Crescent:

 

The proposal would adversely impact upon views of Lane Cove River.

 

Comment

 

The proposal is below the maximum height limit and meets the requirements of view sharing principles as indicated in the report above.

 

Resident of 28 Myee Crescent:

 

The windows to WC, laundry, kitchen and study overlook family room and a bed room.

 

Comment

 

In the amended plans, the laundry door and the WC window have been indicated as obscure up to height of 1500mm. The east facing kitchen window and study window have been deleted.

 

The ground floor rear deck will overlook the pool area.

 

Comment

 

A 1500mm high privacy screen shall be installed along the eastern side edge and a 1500mm high fixed horizontal louver privacy screen shall be installed along the southern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area (Draft conditions 2 and 3).

 

The middle southern extended portion of the ground floor rear deck is deleted as a condition of consent (Draft condition 4)

 

The first floor rear deck will overlook the pool area.

 

Comment

 

The first floor rear deck is significantly elevated and is at a distance from the pool area. The proposed deck is setback from the eastern edge of the proposed building and screened by the building below. The proposed 1500mm high privacy screen would cure any potential overlooking from the first floor deck. (Refer draft condition 5 for the installation of privacy screen).

 

The usable width of the decks should be reduced to 3m as required by Council’s Dwelling House Code.

 

Comment

 

The width of the ground floor rear deck would be reduced from 4.45m to 3.25m as a condition of consent. It is not considered necessary to reduce the width of the first floor deck as indicated in the report above. The setback of the ground floor rear balcony, including any privacy screens / walls, would be a minimum of 1500mm from the western side boundary. (Condition 6)

 

The side setback is 1.2m which is less than the minimum required.

 

Comment

 

In the amended plans the eastern side setback for the ground floor and the lower ground floor is 1500mm and the setback for the first floor is 3.04m which complies with the requirements of the Dwelling House Code.

 

There appears to be no mention of building a fence on the boundary after the demolition of the garage wall on the southern boundary

 

Comment

 

This is a matter which the applicant and the adjoining neighbour would consider under the Dividing Fences Act.

 

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 can be approved subject to appropriate draft conditions.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The impact on privacy of the adjoining property towards the east has been ameliorated. 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 D302/09 for demolition of existing dwelling house and construction of a two storey dwelling house at 30 Myee Crescent, Lane Cove West subject to the following conditions;-

 

1.         (20) That the development be strictly in accordance with drawing number 1 to 11, D1 & M1 issue 4  dated 24.02.10 by Krslovic Homes except as amended by the following conditions.

 

2.         A 1500mm high privacy screen shall be installed along the eastern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area, prior to the issue occupation certificate.

 

3.         A 1500mm fixed horizontal louvre privacy screen shall be installed along the southern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area, prior to the issue occupation certificate.  The screen will be approximately 1.33m long and located between the 2 columns indicated on the plan.

 

4.         The middle southern extended portion of the ground floor rear deck is deleted. Amended plans shall be submitted prior to the issue of construction certificate.

 

5.         A 1500mm high privacy screen shall be installed along the eastern edge of the first floor rear deck, prior to the issue occupation certificate.

 

6.         The setback of the ground floor rear balcony, including any privacy screens / walls, would be a minimum of 1500mm from the western side boundary.

 

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

 

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

 

9.         (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.

 

10.       (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.

 

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

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

 

15.       (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.

 

16.       (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.

 

 

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

 

18.       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

j)          Completion.

 

19.       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;

 

20.       (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.

 

21.       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.

 

22.       (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.

 

23.       (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.

 

24.       (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.

 

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

 

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

 

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 on 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.

 

Tree Conditions

 

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.       Remove the three (3) fruit trees from the rear of the allotment. Any other tree removal shall be undertaken in accordance with Council’s Tree Preservation Order.

 

34.       (302)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

35.       (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.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

36.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

37.       (306) All materials brought onto the site must be weed free.

 

38.       (307a)  Any environmental weeds and weeds listed under the Noxious Weeds Act must be continually eradicated from the bushland buffer zone at the rear of the allotment ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

39.       (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.

 

40.       (315)  The existing Gordonia street tree must be retained. The proposed driveway crossing must be at least 2.5m clear of the centre of the trunk of the street tree.

 

 

 

 

41.       (317)  A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 3m from the trunk of the Gordonia street tree. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

42.       A waterproof sign must be placed on the 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.

 

43.       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.

 

 

44.       (321)  There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

45.       (332)  During construction / landscaping the designated environmental area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

46.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager.  

 

47.       The location of the stormwater outlet from the stormwater detention facility must be positioned outside the bushland buffer zone and as close as practicable to the rock outcrop.

 

48.       (370)  There must not be any filling or stockpiling of soil or building materials or dumping of building rubbish in the designated buffer area within the property.

 

49.       The landscape plans submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent. Any additional landscaping at the rear of the allotment must be sympathetic to the bushland area and planted trees and understorey plant material must be indigenous to the lane cove area.

 

50.       (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

51.       The NSW Rural Fire Service has specified that the entire property shall be managed as an inner protection area (IPA).     Therefore any landscaping works must comply with section 4.1.3 and Appendix 5 of “Planning for bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.  

 

 

 

 

 

 

 

Rural Fire Service Conditions

 

52.       Asset Protection Zone

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.          

           

            At the commencement of the building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ (IPA) as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

53.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

 

            Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

 

54.       Access

 

            The intent of the measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.     

 

            To aid in fire fighting activities, unobstructed pedestrian access to the rear of the property shall be provided and is to be maintained at all times.

 

55.       Design and Construction.

 

            The intent of the measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. 

 

a)   New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

 

b)   There is to be no exposed timber on the eastern, southern and western elevation(s) of the proposed building.

 

c)   External glazed elements and assemblies and external doors on the eastern, southern and western elevations shall:

·     Window frames and hardware shall be metal;

·     Glazing shall be toughened glass, minimum 5mm;

·     Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

General Engineering Conditions

 

56.       (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.

 

57.       (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. 

 

58.       (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.

 

59.       (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.

 

60.       (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.

 

61.       (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.

 

62.       (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’.

 

63.       (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.

 

64.       (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.

 

65.       (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.

 

66.       (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.

 

 

 

 

67.       (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 dispersal trench system

·         All other areas to drain to the dispersal  system

·         Environmental pollution control pit is to be installed just prior to the connection to the dispersal 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

 

68.       (D2) Drainage plans amendments: The stormwater drainage plan 021209 prepared by Aztec Engineers dated December 2009 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 Principle 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.

 

69.       (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.

 

70.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by council.

 

71.       (V8) Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

            - Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.

            - Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

            The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

72.       (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

 

73.       (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 ‘construction management plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

74.       (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

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Consultant on behalf of applicant (Greenfields)

4 Pages

 

 

 


Planning and Building Committee Meeting 7 June 2010

 

Environmental Services Division Report No. 221

 

 

 

 

 

Reference:    Environmental Services Division Report No. 221

Subject:          109A Northwood Road, Northwood    

Record No:    DA10/30-01 - 15654/10

Author(s):       Rajiv Shankar 

 

 

Property:                     109A Northwood Road, Northwood

 

DA No:                         D30/10

 

Date Lodged:              5 March 2010

 

Cost of Work:              $50 000

 

Owner:                                    C Barlow

 

Applicant:                    MacCormick Simonian Architects

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a swimming pool

ZONE

Lane Cove Local Environmental Plan 2009-

R2 – Low Density residential

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 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                  94, 101A, 111, 111A, 105, 107, 109, 111B, Northwood Rd.

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

Progress Association Northwood Action Group

Other Interest Groups Lane Cove Bushland & Conservation Society

 

REASON FOR REFERRAL:

 

This application is referred to the Planning and Building Committee because the pool is proposed beyond the foreshore setback line.

 

EXECUTIVE SUMMARY:

 

·     The proposal is for the construction of a swimming pool which would be wholly within the foreshore setback line.

·     The pool would not be generally visible or prominent from Woodford Bay.

·     A pool already exists within the foreshore setback line on a nearby property towards the north. The owner of this property has lodged a submission objecting to the proposal.

·     The proposed pool although within the foreshore setback, is considered not to adversely impact the scenic amenity of the Sydney Harbour Foreshore.

·     The proposal is recommended for approval subject to draft conditions of consent.

 

SITE:

 

The site is located on the western side of Northwood Road and is a waterfront battle axe lot. The access to site is from a driveway constructed along the southern boundary of 109 Northwood Road.  Development consent (DA 09/238) was granted on 16 December to the erection of a dwelling house on the site.  The approved dwelling house is to be located behind the foreshore setback line.  The site is currently vacant with a series of retaining walls. There are a few trees on the site.

 

Neighbouring to the south is a two storey brick and tiled dwelling house. Towards the north is a rear open space of the adjoining dwelling house. Towards the east there is a two storey dwelling house.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal includes the following:-

 

·     An in ground pool.

·     A pool plant room within the footprint of the approved dwelling house.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

SWIMMING POOLS

Site Area (880 m2)

 

 

Proposed

Control

Complies?

Location

The pool is behind the front building line towards the rear

Behind the front building line and not on elevated decks

Yes

Foreshore setback line

The pool is proposed within the foreshore setback line

No structures within the foreshore setback line

No

When viewed from waterways and foreshore areas

Pool not substantially elevated. The wall clad with sandstone.

Not adversely affect the amenity and outlook of neighbourhood.

Yes

Setback to Neighbour’s House (min)

8m

3m to waterline

Yes

Setback to boundary (min)

2.2m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

 

1.39m to 1.2m

1m

1.8m   

 

Yes

Setback from boundary if coping is above ground level (existing)(min)

2.2m

Coping to be set back at a ratio of 1:1

(1.39m)

Yes

Setback from trees >5m in height (min)

NA- No trees in the vicinity

3m

NA

Location of pool pump/ filter

Located in the sub-floor of the approved dwelling house

As far as practical from neighbouring properties.

Yes

 

REFERRALS:

 

Manager Assets

 

The Manager of Assets has considered the proposal and has not raised objection to the pool.  Draft conditions of consent have been suggested.

 

Manager Parks

 

No objection 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 2009

 

The subject site is zoned R2- Low Density Residential under the provisions of Lane Cove Local Environmental Plan 2009.  The proposal is permitted with development consent of Council.

 

Lane Cove Development Control Plan

 

As indicated in the policy compliance table the proposal complies with the provisions of the DCP, except the location in relation to the foreshore setback line.

 

Clause 5.1.3 of the DCP- Foreshore Setback Line states:

 

A proposed dwelling, alterations or any other structure will not be approved between the River and the Foreshore Setback Line.

 

The proposed pool is proposed beyond the foreshore setback line.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for Foreshore setback line, however it is considered satisfactory on the following grounds:-

 

·     The pool is substantially within the ground.

·     The pool is proposed to be built abutting the foreshore setback line and remains at variable distances of between 13m and 17m from the shore/ rear boundary of the site.

·     The portion of the pool which is elevated above the ground is because of the slope of land.

·     The western wall of the proposed pool would be clad with sandstone and have screen planting. (already proposed by the applicant and required by draft condition 2)

·     A stone wall of similar height is already present in the location where the pool is proposed.

·     The pool would not be highly visible or prominent from Woodford Bay.

·     A pool already exists within the foreshore setback line on the second adjoining property towards the north.

 

Other Planning Instruments

 

SEPP 55 – State Environmental Planning policy No.55 – Remediation of Land

 

In accordance with Clause 7 of this instrument, Council is required to consider whether land is contaminated prior to granting consent to carrying out of development on this land. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites have been for residential purposes and unlikely that that there has been any high risk uses. Accordingly, contamination of the site is unlikely to be an issue.

 

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.  The western wall of the proposed pool would be clad with sandstone and have screen planting.  The pool would not be generally visible or prominent from Woodford Bay. Of the clauses 20-27 listed for consideration, the location and scale of the proposed works would not raise any issues.

 

Under the DCP, for reasons stated above, 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.

 

The pool would not be generally visible or prominent from Woodford Bay. A stone wall of similar height is already present on this part of the site where the pool is proposed and retaining walls are common features on sites in this location. The proposed western stone clad wall would substantially be replacing the existing stone wall. It is considered that the proposed development would not impact upon the visual amenity of the water front.

 

The creation of the plant room is within the existing undercroft of the approved dwelling house and would not increase the building bulk of the already approved dwelling house.

 

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.

 

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. One submission was received. The issues raised in the submission have been addressed below:

 

Why a pool should be constructed below the foreshore building line:

Comment: The proposed pool is considered acceptable for the same reasons mentions under the heading “Variations to Council’s Codes/Policies” in the report above.

 

Can the objector extend his dwelling house right down to the waterfront.

Comment: Extension of a house is a very different matter and would be substantially above the ground which is not the case in this proposal.

 

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

 

The proposed development is considered satisfactory with respect to the objectives and provisions under Council’s Development Control Plan. The proposed development would not create any major environmental impacts. 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 controls, as well as public good and suitability of the site. The pool would not be generally visible or prominent from Woodford Bay. The proposal is considered to be satisfactory subject to the following draft conditions and would not adversely impact the scenic amenity of the Sydney Harbour foreshore.  The matters under Section 79C of the EP&A Act have been considered and are considered to be 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 D30/10 for the construction of a swimming pool at 109A Northwood Road, Northwood subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawing number (job no. 0912) DA00, DA01 to DA04 Revision C dated 22.3.10 by MacCormick Simonian Architects except as amended by the following conditions.

 

2.         The western wall of the proposed pool is to be clad with rough sawn sandstone and have screen planting.

 

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.       (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.

 

15.       (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.

 

16.       (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".

 

17.       (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".

 

18.       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)         Pool reinforcement prior to placement of concrete.

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

c)         Stormwater drainage lines prior to backfilling

d)         Completion.

 

19.       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)         pool structure.

 

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

 

a          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.

 

21.       (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.

 

22.       (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.

 

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

 

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

 

25.       All waste generated from the 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)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

 

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.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

 

32.       (306) All materials brought onto the site must be weed free.

 

33.       (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.

 

34.       (317) A 1.8 m high chain mesh fence shall be erected across the allotment and located 2m west of the proposed pool arena.  The tree protection area shall not be used for the storage of building materials, machinery, site sheds, and soil levels within the tree protection area shall remain undisturbed.

 

35.       (366)  There must be no soil disturbance within the tree protection area, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained.  All activity within the Tree Protection Area must be undertaken with hand tools.

 

36.       A waterproof sign must be placed on the tree protection zone 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.

 

37.       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.

 

38.       (354)  Footing, trench or excavation that is within 3m 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.

 

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.       (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

48.       (W1) Pool construction The pool design shall ensure that either during construction or upon completion, surface water is not 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

 

49.       (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 principle certifying authority prior to the issue of the Constructions Certificate.

·            Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

·            A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the 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.

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

 

50.       (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 Principal Certifying Authority prior to the issue of the Construction Certificate

 

51.       (T2) Design of pool structure: The proposed concrete pool is 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 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 needs to include sediment fencing erected along the top of the overhang to prevent incidental spillage or any erosion sediment impacting on the rock shelter below. This plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

54.       (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.

 

55.       (D7) Temporary Fencing: Temporary fencing needs to be erected around the opening of the rock shelter site in line with the existing retaining wall and path, such that no adverse impacts occur to the site prior to the start of any works on the site.

 

 

 

 

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

 

 

 


Planning and Building Committee Meeting 7 June 2010

 

Environmental Services Division Report No. 16

 

 

 

 

 

Reference:    Environmental Services Division Report No. 16

Subject:          Delegated Authority Report - May 2010    

Record No:    SU1863 - 21685/10

Author(s):       Angela  Panich 

 

 

 

Executive Summary

 

During the month of May 2010 a total of 28 Development Applications were determined under delegation by staff.  In addition 6 Construction Certificates and 11 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 May were:-

 

·      8 Hamilton Street, Riverview                        -           Dwelling;

·      27 Second Avenue, Lane Cove                    -           Inground Pool;

·      18-20 Orion Road, Lane Cove West            -           Office Fitout;

·      32 Hamilton Street, Riverview                      -           Carport;

·      5 Brooks Street, Linley Point                        -           Dwelling; and

·      54 Phoenix Street, Lane Cove                      -           Dwelling

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications Determined for May 2010

4 Pages