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Agenda

Ordinary Council Meeting

2 August 2010

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday 2nd August 2010 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Win Gaffney. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. 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 address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. 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.

 

 

 


Ordinary Council 2 August 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       Mayoral Minute No. 2

SUBJECT: Performance Review of the General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and because the report contains personal information concerning the performance of staff. 

 

 

public forum

 

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 19 JULY 2010

 

 

Referred Reports FROM Inspection Committee 31 July 2010

 

3.       Environmental Services Division Report No. 310

SUBJECT: 177 Greenwich Road, Greenwich

 

4.       Environmental Services Division Report No. 166

SUBJECT: 17 Greendale Street, Greenwich

 

 

Notices of Motion

 

5.       Notice of Motion No. 6

SUBJECT: Longueville Road Pedestrian Crossing and School Crossings

 

6.       Notice of Motion No. 7

SUBJECT: Lane Cove Council LEP

 


Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 44

SUBJECT: 2010 Local Government Association Conference

 

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 18

SUBJECT: Sustainability Small Grants Program

 

9.       Environmental Services Division Report No. 26

SUBJECT: Walk Against Warming 2010

 

10.     Environmental Services Division Report No. 28

SUBJECT: Regulatory Barriers to Trigeneration  

 

 

 

 

              


Ordinary Council Meeting 2 August 2010

 

Environmental Services Division Report No. 310

 

 

 

 

 

Reference:    Environmental Services Division Report No. 310

Subject:          177 Greenwich Road, Greenwich

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 02 August 2010.   

Record No:    DA08/179-01 - 27705/10

Author(s):       Rajiv Shankar 

 

 

Property:                     177 Greenwich Road, Greenwich

 

DA No:                         D179/08 (Section 96 modification)

 

Date Lodged:              27 May 2010

 

Cost of Work:              $480 000 (original cost)

 

Owner:                                    L Robinson

 

Applicant:                    L Robinson

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing dwelling house, new swimming pool and carport. (increase in width of deck, additional windows to storeroom, clothes line, flue and sliding gate)

ZONE

Partly R4 High Density Residential

Partly E2 Environmental Conservation

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is permitted under “existing use” provisions of the Environmental Planning and Assessment Act 1979

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a & 10a &10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours:                124, 1-16 / 171-175, 181, 179, Greenwich Rd.

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

Progress Association:            Greenwich Community Association

Others:                      Lane Cove Bushland & Conservation Society

 

REASON FOR REFERRAL

 

The application has been referred to Council because the original application was considered by the Planning & Building Committee meeting of 1st December 2008.

 


EXECUTIVE SUMMARY

·      The proposal is to make modifications to the approved development application, originally considered by the Planning & Building Committee meeting of 1st December 2008, for alterations and additions to the existing dwelling house, new swimming pool and carport.  

·      The amendments are to extend the rear basement deck by 1.0m towards the west (rear), install clothes line, add a door and two windows to the undercroft, delete rear ground floor deck and pergola, provide clear glass, instead of obscure, to top south west corner of the void, install sliding gate to the existing driveway and install a flue to south facing external wall.

·      Council was advised by the resident of an adjoining property, of works being carried out which were not in accordance with the approved plans. Council raised this issue with the Private Certifier who instructed the applicant to lodge a Section 96 modification application for the amendments proposed and the unauthorised works.

·      All the proposed amendments have been carried out with the exception of Install a sliding gate to the existing driveway.

·      Three submissions have been received after the proposal was notified. Two of the three submissions are from the resident of the dwelling house towards the south. 

·      The extension to the width of deck, which has already been carried out, is not supported because the approved deck is already in excess of the maximum permissible width as per Council’s Development Control Plan.

·      The proposal to provide clear glass, which is presently clear glass, instead of obscure, to top south west corner of the void is not supported as it overlooks the pool area of the adjoining property towards the south.

·      The remaining proposed amendments are supported.

 

SITE

 

The site is located on the western side of Greenwich Road. The site is irregular in shape with Lane Cove River towards the western side. The site falls steeply away from the street.

 

The site features a two storey brick and tile dwelling house with the two storey portion towards the rear and single storey portion towards the street. The dwelling house appears to be single storey when viewed from the street. A portion of the land towards the road is zoned R4 High Density Residential and a portion of the site towards the rear is zoned E2 Environmental Conservation.

 

Substantial portion of the works approved in DA179/08 on 10 December 2008 have already been completed.

 

Neighbouring to the south is a two storey dwelling house with a pool towards the rear. It has a high brick front boundary fence which returns along the side boundary. The boundary fence return encroaches to some extent upon the subject property.

 

Neighbouring to the north is a three storey residential flat building.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The proposal is the modification of the approved development consent DA179/08. The modifications include the following:-

·     Extend the rear basement deck by 1.0m towards the west (rear) - Already carried out;

·     Install a clothes line within the northern side boundary setback - Already carried out;

·     Add a door and two windows, all facing towards the west (rear), to the undercroft which is used for services such as water tanks and heating / cooling systems - Already carried out;

·     Delete the rear ground floor deck and pergola off Bed 1 - Already carried out;

·     Provide clear glass, instead of obscure, to the top south west corner of the void - Already carried out;

·     Install a sliding gate to the existing driveway- Proposed; and

·     Install a flue to the south facing external wall - Already carried out.

 

PREVIOUS APPROVALS/HISTORY

 

DA179/08 - Alterations and additions to the existing dwelling house, new swimming pool and carport - Approved on 10th December 2008.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Remain unchanged.

 

REFERRALS

 

Building Surveyor

 

The installation and location of the flue on the external wall was discussed with the building surveyor. No objection was raised subject to certification that the installation be carried out in accordance with the manufacturers’ specifications.

 

S.96(2) MATTERS FOR CONSIDERATION

 

96(2)(a)  The development to which the consent relates to is substantially the same development

 

The proposed changes are relatively minor in nature and as such the proposed development is substantially the same as to that which was approved by Council.

 

96(2)(b)  Consultation with relevant Minister, public authority or approval body

 

There is no requirement to consult with the Minister, public authority or approval body as a result of the proposed modifications.

 

96(2)(c)  Any submissions made

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Total of three submissions have been received in response to the notification of the development application. Two of the three submissions are from the resident of the dwelling house towards the south.  The issues raised in the submission are discussed later in the report.

 

S.79(C) MATTERS FOR CONSIDERATION

 

79(C)(a)(i)  The provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 2009

 

A portion of the site towards the rear is zoned E2 Environmental Conservation. The existing dwelling is on the portion of the land which is zoned R4 High Density Residential. According to Lane Cove Local Environmental Plan 2009 dwelling houses are not permitted on land zoned R4 High Density Residential.

 

Notwithstanding the above, the proposal does not include a change of the existing use. The existing use is considered a lawful use because a consent DA179/08 was issued on 10th December 2008 which is before the coming into force of Lane Cove Local Environmental Plan 2009 on 19th February 2010 which has the effect of prohibiting the use. As per Clause 107 of the EP&A Act 1979, the proposal is permitted with development consent of Council.

 

79(C)(a)(ii)  The provisions of any Draft Environmental Planning Instrument

 

There are no draft planning instruments that need to be considered.

 

79(C)(a)(iii)  The provisions of any Development Control Plan

 

The provisions of Council’s Development Control plan would remain unchanged.

 

79(C)(b)  The likely impacts of the development

 

The Likely impacts of the proposed amendments are discussed below:-

 

1.    Extend the rear basement deck by 1.0m towards the west (rear)  - Already carried out.

 

The amenity objectives in Part C clause 1.7 include:-

 

1.  To provide reasonable acoustic and visual privacy for neighbouring properties.

2.  Minimise overlooking between adjoining dwellings and their private open spaces.

 

Clause 1.7.2 - Privacy and Acoustic subclause (c) states:-

 

Elevated decks, terraces or balconies greater than 1m above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m of usable area. Deeper decks may be considered if privacy to adjoining properties is addressed.

 

The width of the existing deck is 4.1m which is already more the maximum permitted by the DCP. A further increase in the width of the deck by 1.0m would make the width of the deck 5.1m which would be substantially more than the maximum permitted by the DCP.

 

The increased width of the deck would increase overlooking of the pool area of the adjoining property towards the south. In addition, the increased width would permit substantially large gatherings which would have the potential to adversely impact upon the amenity of the adjoining neighbours towards south. This would not be in accordance with the above stated objectives of DCP.

 

In view of the above the extended portion (1.0m wide) of the rear basement deck is recommended  for deletion as a draft condition of consent. (Refer draft condition 67).

 

2.         Install a clothes line within the northern side boundary setback  -  Already carried out

 

A clothes line has been installed on the northern wall of the existing dwelling house within the northern side boundary setback.

 

According to subdivision 11 clause 2.22 of the State Environmental Policy (Exempt and Complying Development Codes), installation of the clothes line in this location is “exempt development” and does not require Council approval. Therefore no concerns are raised in this report with regard to the clothes line.

 

3.         Add a door and two windows, all facing towards the west (rear), to the undercroft which is used for services such as water tanks and heating / cooling systems  - Already carried out

 

The undercroft of the basement is utilised for services such as rainwater tanks and heating/cooling systems. This area has rock outcrops and cannot be utilised for habitable purposes. The proposed door would provide access to the undercroft for maintenance of services which is considered reasonable.

 

Two narrow windows with glass louvers have been proposed on the western wall. These windows would provide light and ventilation to the undercroft which is used for services. These windows would not impact upon the amenity of the adjoining properties and therefore considered reasonable.

 

4.         Delete the rear ground floor deck and pergola off Bedroom 1 - Already carried out

 

The pergola off Bedroom 1 indicated in the ground floor plan is required to be deleted as per condition 2 of the consent. The applicant has complied with this condition of consent.

 

The applicant has chosen to make the deck off Bedroom 1 as non trafficable. This would reduce potential overlooking the adjoining properties. Therefore, no concerns are raised with regard to this change.

 

5.         Provide clear glass, instead of obscure to the top south west corner of the void  - Already carried out

 

According to condition 4 of the consent all window panes of the south facing double height living room are to be fixed and obscure glass to prevent overlooking the pool area of the adjoining dwelling house towards the south.

 

There is no overlooking of the pool area from the living room on the basement level. However, a small portion of the pool area is visible from the ground floor hall adjoining the double height area. 

 

The south facing windows to the double height living room are reasonably large and provide adequate diffused light through the obscure glass. In addition, adequate light, ventilation and views from the living room are available towards the west. There is no justification to have clear glass on the window towards the side of the subject property and in any way compromise privacy of the adjoining property towards the south. Obscure glass to this south facing window would not compromise the amenity of the living room of the subject property.

 

In view of the above it is recommended that condition 4 of the consent remain unchanged.

 

6.         Install a sliding gate to the existing driveway  -  Proposed

 

It is proposed to install an 1800mm high sliding gate along the front boundary for the purpose of security. The gate is proposed to be made of horizontal slats and would be translucent. It is considered reasonable to have a security gate along the front boundary.

 

As the existing fence is less than 1800mm, it is considered appropriate that the height of the proposed gate should not be more than the height of the existing fence. This is required as a condition of consent. 

(Refer condition 68)


 

7.         Install a flue to the south facing external wall  -  Already carried out

 

A flue, on the south facing external wall, would emit fumes similar to those emitted by a gas boosted hot water unit which is “exempt development” as per subdivision 23A Clause 2.46A & B of the State Environmental Policy (Exempt and Complying Development Codes). Therefore it considered that a flue in this location is considered acceptable as long as the heater and flue are installed as per the manufactures specifications.

 

No objection has been raised by Council’s building surveyor to the installation and location of the flue on the external wall subject to certification that the installation be carried out in accordance with the manufacturers’ specifications. (Refer condition 69)

 

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

 

An approval for the DA has already been granted and it is considered that the proposed alteration will not affect the suitability of the site for this development.

 

79(C)(d)  Any submissions made

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Total of three submissions have been received in response to the notification of the development application. Two of the three submissions are from the resident of the dwelling house towards the south.  The issues raised in the submission can be summarised as follows.

 

Issues raised by the resident of the dwelling house towards the south:-

 

The rear deck has been built with a southern side boundary setback of 1.2m which is less than the minimum side boundary requirement of 1.5m

 

Comment

 

An additional draft condition has be included in the consent which would require the Principal Certifying Authority to confirm that southern side boundary setback is 1.5m (refer condition 70)

 

The rear deck has been extended beyond 4.1m further towards the west.

 

Comment

 

The extended portion (1.0m wide) of the rear basement deck is deleted as a draft condition of consent.

 

The door and windows installed in the basement were not indicated in the original plans approved by Council.

 

Comment

 

The proposed door and two narrow windows with glass louvers on the western wall would provide access, light and ventilation to the undercroft for maintenance of services. These doors and windows would not impact upon the amenity of the adjoining properties and therefore considered reasonable. 

 


One south-facing double height window panel is clear instead of obscure as required by Councils condition of consent.

 

Comment

 

As indicated in the report above, the south-facing double height window should have all panels as obscure as required by condition 4 of the consent. It is recommended that condition 4 the consent remains unchanged.

 

A vent from a room heater towards the southern wall would allow fumes to go directly into the adjoining property towards the south.

 

Comment

 

The heater and flue would be installed as per the manufactures specifications.

(Refer condition 69).

 

The screen installed along the boundary does not screen the deck. 

 

Comment

 

The decision for installation of the screen along the boundary and deletion of the privacy screen along the southern edge of the rear deck was made after much negotiation between the neighbours in Council’s Planning and Building Committee meeting of 1 December 2008.

 

There is no dispute over the property boundary as suggested by the applicant.

 

Comment

 

Any dispute between the adjoining neighbours with regard to property boundary is a matter between the neighbours and not for Council to consider.

 

Issues raised by the resident of 175 Greenwich Road, a Residential Flat Building towards the north:-

 

The clothes line is installed within the northern boundary setback. The clothes line is within the eye-line of the water views and when used is ugly, unsightly and intrusive.

 

Comment

 

As indicated in the report above, according to State Environmental Policy (Exempt and Complying Development Codes), installation of the clothes line in this location is “exempt development” and does not require Council approval. Therefore no concerns are raised with regard to the clothes line.

 

The noise that is generated from the extended rear balcony is excessive.

 

Comment

 

The decision for the increased width of the rear basement deck was made after much negotiation between the neighbours in Council’s Planning and Building Committee meeting of 1 December 2008.

 


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 proposal is considered to be satisfactory subject to the following conditions. The matters under Section 96 and Section 79C of the EP&A Act have been considered and are adequate and satisfactory.

 

 

RECOMMENDATION

 

That pursuant to the provisions of section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D179/08  granted on 10 December 2008 for alterations and additions to the existing dwelling house, new swimming pool and carport, on 177 Greenwich Road, Greenwich is amended in the following manner:-

A.    Amend condition number 1 as under:-

1.       (20) That the development be strictly in accordance with drawing number (job no. 26/07) 1/4  to 4/4 Amend: B dated 17 May 2010 by Kerry McGrath.

B.    Additional conditions

67.     The extended portion (1.0m wide) of the rear basement deck is deleted.

68.     The height of the front gate shall not be higher than the existing timber front fence.

69.     The living room gas heater and the flue shall be installed in accordance with the manufacturer’s specifications. Certification to this effect shall be submitted prior to the issue of occupation certificate.

70.     The Principal Certifying Authority to confirm that southern side boundary setback is 1.5m prior to the issue of occupation certificate.

C.    Condition 4 of the existing consent requiring the use of obscure glass to the south facing windows is reaffirmed and the variation not supported.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

 


Ordinary Council Meeting 2 August 2010

 

Environmental Services Division Report No. 166

 

 

 

 

 

Reference:    Environmental Services Division Report No. 166

Subject:          17 Greendale Street, Greenwich

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 02 August 2010.   

Record No:    DA10/12-01 - 6743/10

Author(s):       Andrew Thomas 

 

 

Property:                                 17 Greendale Street, Greenwich

 

DA No:                                     12/10

 

Date Lodged:                          3.2.10

 

Cost of Work:                          $220,000

 

Owner:                                                P. & K. Castillo

 

Applicant:                                P. & K. Castillo

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing dwelling house that include an addition and attached deck at the front first floor level; a front entry; conversion of a garage into a games room; internal alterations to the ground floor and basement levels; an attached double garage; and a replacement front boundary wall.

ZONE

Residential 2(a2) under LEP 1987

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No, but 18 & 20 Wilona Avenue at the rear of the site, and St. Giles Church opposite, are heritage items under both the previous and the current Lane Cove LEP

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              6-12 and 13-21 Greendale Street; 18-24 Wilona Avenue

Ward Councillors                    East

Progress Association             Greenwich Community Residents Association

Other Interest Groups             Lane Cove Historical Society

 

REASON FOR REFERRAL

This application has been called to the Planning and Building Committee by Councillor Brooks – Horn at the request of the applicant, due to concerns about the outcome of the assessment.

 


EXECUTIVE SUMMARY

·     The development application was submitted prior to the gazettal of LEP 2009, and is therefore subject to LEP 1987 and the associated Dwelling House Code.

·     The site is on the high side of Greendale Street opposite St Giles Church which is a heritage item under the LEP 1987.  At the rear of the site are two residential lots that are also heritage items under this LEP. 

·     The proposal is for alterations and additions to the dwelling house that include relatively minor additions at the front of the ground and first floor levels; the conversion of an attached garage into a games room and an attached garage in front of the building line.  The existing 2m high front boundary wall would be rebuilt.

·     One submission has been received, from the owner of one of the heritage items. Concerns raised in relation to height, bulk and scale and the impact on heritage properties.

·     Council’s Heritage Adviser confirms that the proposal would not have an adverse impact on any of the heritage items.

·     The proposal fails to comply with Council’s Dwelling House Code (the Code) in relation to floor space ratio; landscaped area; ceiling height; building line; the height of, and the excavation required for, the garage; and the front fence.

·     This report recommends approval of the proposal subject to conditions that would seek to minimise the intrusion into the building line and the perception of bulk and scale at the street. 

 

SITE

The site has a 15m frontage to Greendale Street and an area of 569m2.  The site is located on the northern (high) side of the street, midway between this street’s intersection with Glenview Street to the west and its cul-de-sac at it’s east end.  The site’s west side boundary adjoins a footpath that links Greendale Street with Wilona Avenue to the north.  The site has a fall of 6m from its rear to its front boundary.

Existing development on the site consists of a part 2/ 3 storey dwelling house that includes a basement single garage accessed from Greendale Street. The site’s front yard is elevated above a stone front boundary wall.  The rear yard is grassed and includes a swimming pool adjacent to the rear boundary.

Adjoining development to the east, at 15 Greendale Street, consists of a single storey dwelling house that is elevated at the front, whilst to the west at 19 Greendale Street, is a relatively new two storey dwelling house.

At the rear of the site, at 18 and 20 Wilona Avenue, are dwelling houses that are heritage items under the LEP 1987. Opposite the site is St. Giles Church which is also a heritage item under this LEP.  The heritage listings are shown attached as AT1 and AT2.

The locality is residential and contains a mix of 1 storey, part 1 and part 2 storey, and part 2 and part 3 storey dwelling houses which vary in height, bulk and scale.  Site Plan and Notification Plan attached as AT3 and AT4.

 

PROPOSAL

The application is for alterations and additions to the existing dwelling house that include the following:

·     an extension to the front first floor level including a terrace on its east side;

·     an extension to the front ground floor living room; the enclosure of the existing front balcony; an entry porch; and, internal alterations to some existing rooms;

·     the conversion of the basement level garage to a games room and internal alterations;

·     an attached double garage in front of the dwelling house;

·     modified entry steps across the front yard;

·     the replacement of part of the attached rear ground floor pergola with a vergola; and

·     the removal and rebuilding of the existing front sandstone boundary wall to the same height.

Although the first floor changes would require the existing front portion of the roof to be modified and raised, the existing ridge height would not change.  The proposed roof tiles would match the existing concrete roof tiles.  The proposed brickwork would be rendered in a pale stone colour to match the existing. 

Apart from the proposed garage and front entry, all other works would occur within the footprint of the existing dwelling house.

 

PREVIOUS APPROVALS/HISTORY

BA376/97:       First floor addition approved in 1998.  The roof was altered; windows altered or added; and a store area provided adjacent to the garage, under an amendment approved in 1999.  Work completed.

D217/06:         Swimming pool approved in 2006.  Work completed.

 

PROPOSAL DATA/POLICY COMPLIANCE

TABLE 1:        DWELLING HOUSE & GARAGE

Site Area (569m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio     (max)

0.59:1(excess 49m2)

0.5:1

No

Soft Landscaped Area            (min)

33.66%

35%

No, but would comply subject to a draft condition.

Side Boundary Setback (min)

Attached garage and vergola: 1.2m

First floor addition: 2.5m

1.2m:  1 storey

 

1.5m:  2 storeys

Yes

 

Yes

Overall Height (m)       (max)

8.5m

9.5m

Yes

Ceiling Height (m)    (max)

7.247m

7.0m

No, in part

No of Storeys

2 (existing part 2 and part 3 storeys)

2

Yes

Building Line (max)

Dwelling house:  6.3m (entry porch)

Attached garage:  1m

7.5m

No

Height of garage (forward of building line)

3.7m

900mm (on sloping sites)

No

Cut and Fill     (max)

Fill < 1m

Cut: 2m (garage)

1m

1m

Yes

No

Deck/Balcony width    (max)

2m

3m (if elevated by >1m)

Yes

Solar Access  (min)

> 3 hours

3 hours to north elevation

Yes

BASIX Certificate

Supplied

Required

Yes

 


TABLE 2:        FRONT FENCE

 

 

PROPOSED

CODE

COMPLIES

Height (max)

2m

900mm

No

% Open Where > 900mm in Height  (min)

nil

50%

No

Setback From Front Boundary if >900mm in height (min)

nil

1m

No

Splays

West side: 1m x 1.2m

East side: 1m x unclear

1m

1m

Yes

Unclear, so conditioned to comply

 

REFERRALS

Development Engineer

The Development Engineer has advised that as the site is within an OSD exclusion area no OSD system is required.  Draft conditions have been provided to address stormwater disposal; design and construction requirements in relation to car parking; and a reduction of the proposed 6.21m wide crossing. 

Tree Assessment Officer

Council’s Tree Management Officer has advised that the proposed front entry and pedestrian entrance would damage the root system of a Magnolia tree in the front yard and has provided draft conditions requiring this tree to be retained and protected, and the proposed front yard steps to be set back at least 3m from this tree.  Other draft conditions require the width of the driveway crossing not to exceed 5m to allow for future street tree planting.

Heritage Adviser

Raises no objection to the proposal because there would be:-

·     no visual relationship between the proposed works and the heritage dwelling houses at the rear of the site; and

·     no negative impact on the heritage church.

NSW Rural Fire Service

The front corner of the site is affected by the NSW Rural Fire Service’s bushfire prone land map.  The RFS recommend that the property is managed as an inner protection area. 

 

ASSESSMENT

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 1987 LEP and the Dwelling House Code.

Lane Cove Local Environmental Plan 1987

(i)         Zone

The proposed alterations and additions are ancillary to the existing dwelling house and are permissible in the Residential 2(a2) Zone. 

(ii)        Heritage

Council’s Heritage Adviser has confirmed that neither of the two dwelling houses located at the rear of the site, nor the church opposite would be adversely affected by the proposal.

 

Lane Cove Local Environmental Plan 2009

(i)         Zone

The proposed works would also be permissible in the R2 Low Density Residential zone.

(ii)        Heritage

The heritage items previously described under the LEP 1987 are also listed as heritage items under the LEP 2009. 

SEPP 55:  Remediation of Land

Both the subject site and adjoining sites are zoned for residential purposes.  Given the types of uses permissible within residential zones, it is unlikely that the subject site would be contaminated. 

Applicable Regulation

The proposal involves some demolition that includes the removal of the front part of the roof; internal changes and the removal of the front boundary wall.  The Environmental Planning and Assessment Regulation 2000 prescribe safety standards for demolition and compliance with AS 2601-2001.  Draft condition 34 is included to address this requirement.

Variations to Council’s Codes/PolicIes

The preceding policy assessment tables identify those standards that the proposal would not comply with. Each departure is discussed below.

Table 1:  Dwelling House

(i)         Floor Space Ratio (FSR)

The proposal seeks a FSR of 0.59:1 which would exceed the maximum permissible FSR of 0.5:1 by a floor space of 49m2. The increase in floor space would be due to the proposed additions at the front ground and first floor levels, the conversion of the garage into a games room and the erection of a garage in the front yard.

The physical impact of the proposal could be reduced if the proposed garage was converted into a carport. Draft condition 2 is recommended to address this issue.

 Although this draft condition would not reduce the excess floor space calculation under the Code, the proposal is supported for the following reasons:-

·      it would be consistent in overall height, bulk and scale with other dwelling houses in the street;

·      the carport would be in keeping with Council’s requirements for buildings within the front building line and the draft condition requires the roof not be trafficable, in accordance with Council’s policy; and

·      it would not have an adverse impact on adjoining property owners.

(ii)          Landscaped Area

A minimum of 35% of the site is required to be landscaped area. The proposal has a landscaped area of 33.66% and is 7.5m2 deficient.

This non – compliance could be overcome because an area on the west side of the proposed garage could be landscaped. The issue is recommended to be addressed by draft condition 5 which would require the submission of a landscaped area plan with a Construction Certificate confirming that 35% of the site would be landscaped.


(iii)       Ceiling Height

The maximum ceiling height is 7m. Part of the western side of the dwelling house would have a ceiling height of 7.247m. However no objection is raised to this non-compliance for the following reasons:-

·     in relation to the objectives under the Code the height, bulk and scale of the proposed additions would be similar to neighbouring dwelling houses to the west of the site;; no views would be affected; and solar access to each adjoining dwelling house would be maintained;

·     the numerical non – compliance of 247mm would be marginal in this context;

·     the rear part of the existing garage would be bricked in and the floor area utilised to improve drainage; as this existing 3 storey portion of the dwelling house  would be converted to a non – usable area the dwelling house would revert to being 2 storeys; and

·     the adjoining property owner to the west of the site, at 19 Greendale Street, has not objected to the proposal.

(iv)      Building Line

The existing building line would be contravened by part of the proposed ground floor entry addition and by the proposed garage. However no objection is raised to the ground floor entry non- compliance for the following reasons:-

·     in relation to objectives of the Code the proposed ground floor entry would have a minor visual impact on the streetscape, and a sufficient portion of the front yard would be maintained for landscaping; and

·     it would be consistent with the setback of the adjoining dwelling house to the west.

By contrast the proposed garage is not supported because it would be higher than the standard allowed under the Code for a garage forward of the building line, and because it would have a trafficable roof contrary to both the Code and Council’s recent practice to prohibit such access.

    (v)      Height of Garage

The attached double garage would have a height above the footpath of 3.7m. This does not comply with the Dwelling House Code which restricts garages to sloping sites where at least two thirds of the garage is located below natural ground level and no higher than 900mm above natural ground level. 

Part of the front yard has been excavated to form the driveway. Even if the slope of the front yard on the east side was extended to the opposite side, the height of the garage would be between 1.5m and 1.9m and would still exceed the maximum allowed under the Code.

In addition, whilst the double garage at 21 Greendale Street is close to the site’s front boundary and it has a trafficable roof, when this structure was approved in 1997 it was conditioned to comply with the height requirements under Council’s building code at the time. By contrast the code at that time was silent on the trafficability of such structures and hence roof access was permitted. 

(vi)      Cut

The maximum excavation (cut) is limited to 1m. Whilst a proposed cut of up to 2m is required for part of the garage - and therefore for the carport in lieu of this structure - no objection is raised to this non – compliance for the following reasons:-

·     in relation to the objectives under the Code, the proposed excavation would affect a relatively small portion of the elevated front yard ensuring (subject to draft conditions) that the 2 trees in the front yard would both be retained without adversely affecting the amenity of either adjoining property; and

·     the level of excavation would improve the amenity of the occupants while providing 2 on-site car spaces in a street that has time - restricted parking in close proximity to the subject site.

Table 2:  Front Fence

The non-compliances are all interrelated and are recommended for approval for the following reasons:-

·     in relation to the Code, the existing front boundary fence of between 1.5m and 2m in height also acts as a retaining wall in common with a number of other front fences in the street; the proposed rebuilding of this wall is a necessary circumstance and one where, logically, it is also reasonable to allow the fence to be rebuilt with a consistence height of 2m;and

·     the visual impact of the proposed fence would be similar to that of the existing fence.

Subject to conditions recommended by Council’s Tree assessment Officer, both trees in the front yard would be retained. In addition, draft condition 3 is recommended to ensure that there would be a reasonable line of sight to the east of the driveway where the proposed front wall has the potential to restrict a driver’s visibility exiting the site.

Impacts

(i)         Built Impact

The most significant impact of the proposal would be the visual impact of the proposed garage. 

Whilst the north side of Greendale Street has three examples of garages forward of the building line in close proximity to the site the height, bulk and scale of the proposed garage would only be consistent with the existing double garage at 21 Greendale Street. The other two examples are single garages located to the east of the site and are older.

The visual impact of a double carport in lieu of a double garage would be reduced by the elevated nature of the site’s front yard and the 2m high front boundary wall once it is rebuilt.

The only other potential impact would be from the east side of the proposed first floor terrace. This would enable some overlooking of the elevated front balcony of the adjoining dwelling house to the east.  This matter has been discussed with the relevant property owner who has expressed no specific concern with this feature.

(ii)        Natural Impact

Draft conditions are recommended to ensure both trees in the front yard are protected. A draft condition is also recommended to ensure a minimum of 35% of the site would be landscaped area as required under the Code. This can be achieved subject to confirmation that the setback area on the west side of the proposed garage/carport would revert to landscaped area.

 

RESPONSE TO NOTIFICATION

One submission was received in response to the notification of the development application.  The objections included:-

1.         Height

Internally re-arrangement of rooms would require a change in the roof line: under the 1997 BA considerable time and expense was used to determine the proposed upper storey addition; as the site, surrounding neighbourhood and heritage items have not changed, all previous concerns expressed under that application remain unchanged; any increase in the roof line establishes a precedent in the street and should not be approved.

Comment

The proposed increase in the roof line would be marginal and confined to the front part of the dwelling house and therefore not visible from the objector’s dwelling house.   As the proposed change would be marginal it would not set a precedent. 

2.         Concerns with the 1997 BA:

These were:-

·     an increase in height, bulk and scale; and

·     it’s impact on heritage properties

Comment

In approving the 1997 BA, Council was satisfied that the concerns raised were dealt with.  In relation to height the maximum ridge height would not increase and overall height would comply, and subject to draft condition 2 the proposed bulk and scale would be reasonable in a local context.  Council’s Heritage Adviser raised no objection to the proposal which he has confirmed would have no visual relationship to either of the 2 heritage dwellings at the rear of the site, or a negative impact on the heritage church.

 

CONCLUSION

The application is for alterations and additions to an existing part 2 and part 3 storey dwelling house, an attached double garage in the front yard and a 2m high front boundary fence/retaining wall to replace the existing front boundary wall. 

The application proposes additions to the front ground and first floor levels and the conversion of the existing attached garage to a games room.

Of the non-compliances under Council’s Dwelling House Code (the Code) those in relation to ceiling height and cut would not be significant, whilst a minor shortfall in landscaped area can be addressed by a draft condition that would require a setback area on the west side of the front yard to revert to landscaping.  By contrast the proposed floor space ratio (FSR) of 0.59:1 would exceed the maximum allowed of 0.5:1 which would be equivalent to a floor space excess of 49m2

Draft condition 2 is recommended that would require the proposed double garage to be converted into a double carport. This condition would overcome the proposed non – compliance of the garage which would be contrary to the Code because it would be too high forward of the building line, and in addition, it would have the potential for a trafficable roof.

One submission has been received, from the owner of a residential heritage item at the rear of the site.  The concerns raised do not raise significant issues.

Matters in relation to s79C considerations have been satisfied. Subject to draft condition 2 the proposal would be a reasonable development that would not have any significant impacts on adjoining property owners or the streetscape, and therefore the application is recommended for approval.

 

 

RECOMMENDATION

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 12/10 for alterations and additions to the existing dwelling house that include an addition and attached deck at the front first floor level; a front entry; conversion of a garage into a games room; internal alterations to the ground floor and basement levels; an attached double garage; and a replacement front boundary wall on Lot 28 DP 19202 and known as 17 Greendale Street, Greenwich subject to the following conditions:-

Plans

1.    (20) That the development be strictly in accordance with drawing numbers DA01-06 and 09, Issue C, dated May 2009 and as amended up to November 2009, by D. Palamara except as amended by the following conditions.

Specific

2.    To overcome the requirement’s of Council’s relevant code in relation to structures forward of the building line, the proposed attached double garage is to be replaced with either an attached or a detached double carport, the design of which must address the following:-

·   it’s roof must not be trafficable and therefore it may be a curved metal roof (including colorbond), or a pitched metal or tiled roof;

·   if a security screen is required this may only extend across the front and  when closed it must be at least 50% see - through in design;

·   the structure having a setback to its support posts of 1m from the front boundary and 1.2m from the side boundary.

       PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3.    In order to address a requirement of Council’s relevant code, and to promote public safety, a 1m x 1m splay is to be provided on the east side of the driveway or, alternatively, no structure is permitted within this splay area greater than 900mm in height above the FFL of the driveway.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

4.    A 1:100 scale site plan is to be submitted as part of a Construction Certificate that confirms that a minimum of 35% of the site area would be natural/soft landscaped area as defined under Council’s relevant code.

5.    All new work, including the rear pergola, is to be shown coloured on plans submitted with a Construction Certificate.

6.    Bushfire:  Asset Protection Zones

       At the commencement of 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 Bush Fire Protection 2006” and the NSW Rural Fire Service’s document “Standards for asset protection zones”.

General

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.    (137)  Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

10.  (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.

11.  (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.

12.  (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and class 10 structures.

13.  (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.

14.  (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.

15.  (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.

16.  (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.

17.  (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.

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

19.  (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

20.  (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

21.  (61)  All timbers complying with Timber Framing Code AS 1684-79.

22.  (62) All glazing is to comply with the requirements of AS 1288.

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

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

25.  (67)

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

(b)   Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

(i)      A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

(ii)      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.

(iii)     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.

(iv)     The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

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

26.  (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

       This requirement is satisfied by:-

(a)   Smoke alarms installed in -

(i)      Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(ii)      Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia.

(b)   Smoke alarms complying with AS 3786.

(c)   Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

 

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in -

(a)   any storey containing bedrooms -

(i)      between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

(ii)      where bedrooms are served by a hallway, in that hallway; and

(b)   any other storey not containing bedrooms.

27.  (70) Protection of the dwelling house and Class 10 structures against subterranean termites must be carried out in accordance with AS.3660.

28.  (72) The demolition works being confined within the boundaries of the site.

29.  (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

30.  (74) All demolition works being completed within a period of three (3) months from the date of commencement.

31.  (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

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

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

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

35.  (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

36.  (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

37.  (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

38.  (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.

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

 

 

 

 

Landscape Conditions

40.  (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.

41.  (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.

42.  (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.

43.  (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.

44(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 Magnolia tree located in the front yard. 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.

45.  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.

46All 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.

47.  (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height, including the Magnolia tree located at the front of the allotment, and neighbouring trees, must be carried out using hand held tools only, with no tree roots greater than 25mm diameter to be severed or damaged.

48.  (352) Works for the front boundary sandstone wall are not to result in damage to the root system of the Magnolia tree.

49.  The front steps to the house are to be amended to prevent excavation within 3m of the Magnolia tree.

50The width of the driveway crossing is not to exceed 5m.

51.  The owner shall pay Council the sum of $300 for the cost and labour to establish an appropriate tree species on the nature strip in front of the allotment.  This payment must be received prior to the issue of the Construction Certificate.  The tree is to be established prior to the completion of works.

 

General Engineering Conditions

52(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.

53(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. 

54(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.

55(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.

56(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.

57(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.

58(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’.

59(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.

60(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.

Engineering Conditions to be Complied with Prior to Construction Certificate

61(S2) Stormwater requirement The stormwater runoff from the new and altered impervious areas within the development shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The proposed stormwater system is to be certified that it meets the requirements set out in Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and 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.

62(V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The new crossing shall not exceed a width of 5.5m along the face of the kerb:  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

63(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 shall be determined by Council.

64(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:-

·   A 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; and

·   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 Principal Certifying Authority prior to the issue of the Construction Certificate.  

65(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.

66(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.

Engineering Condition to be Complied With Prior to Commencement of Construction

67(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’ numbered DA09. The devices shall be maintained during the construction period and replaced when necessary.

 

 

Engineering Condition to be Complied With Prior to Occupation Certificate

68(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

Heritage Listing St Giles Church, 6 Greendale Street

1 Page

 

AT‑2 View

Heritage Lisiting 18 & 20 Wilona Avenue

2 Pages

 

AT‑3 View

Site Location Plan

2 Pages

 

AT‑4 View

Neighbour Notification Plan

1 Page

 

 

   


Ordinary Council Meeting 2 August 2010

 

Notice of Motion No. 6

 

 

 

 

 

Reference:    Notice of Motion No. 6

Subject:          Longueville Road Pedestrian Crossing and School Crossings    

Record No:    Su1346 - 30717/10

Author(s):       Councillor Scott Bennison 

 

 

 

 

RECOMMENDATION

 

That:-

1.  Council's Road Safety Officer contact the schools in the area to determine if a policy can be developed to encourage children to cross in groups, so long as safety is not compromised; and

2.  The signage at the pedestrian crossing in Longueville Road near the Westpac bank, encouraging pedestrians to cross in groups, be put back up.

 

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 2 August 2010

 

Notice of Motion No. 7

 

 

 

 

 

Reference:    Notice of Motion No. 7

Subject:          Lane Cove Council LEP    

Record No:    SU3813 - 30725/10

Author(s):       Councillor Scott Bennison 

 

 

 

 

 

RECOMMENDATION

 

That:-

 

1.    A Task Force be formed comprising the same Councillors that serve on the Services and Resources Committee and staff nominated by the General Manager, to report back to Council on:-

a)    The ramifications of the Lane Cove Council LEP given that a change in Government in NSW may mean that planning laws are retuned to Local Government, specifically the commitment of current opposition Leader Barry O’Farrell to remove elements of part 3 of the EP&A Act; and

b)    Ramifications and/or opportunities if any, on less than desirable re-zoning within Lane Cove, that has been forced upon us by the Labor State Government in our recent LEP; and

2.   If opportunities arise from (b), the Taskforce prepare for consideration by Council,  draft submission(s) to amend the Lane Cove Council LEP to take advantage of such opportunities, if and when, pledges from the Liberal Party are honoured if they are elected into Government in 2011.

 

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 2 August 2010

 

Corporate Services Division Report No. 44

 

 

 

 

 

Reference:    Corporate Services Division Report No. 44

Subject:          2010 Local Government Association Conference    

Record No:    su203 - 30045/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The 2010 Local Government Association Conference will be held from Sunday 24th October until Wednesday 27th October 2010 in Albury.  The theme of the Conference is ‘Modernising Local Government’.  The purpose of this report is to call for motions from Councillors.

 

Discussion

 

Motions for the 2010 Local Government Association Annual Conference

 

Council has received correspondence from the Local Government Association (LGA) calling for motions to be debated at its Annual Conference.  Any motion would need to be adopted at this Council meeting in order to meet the deadline for submitting motions being 9th August 2010. 

 

Councils may submit any motion, however, to be considered before the Conference a motion:-

·      MUST relate to one of the identified conference issues/themes;

·      MUST NOT attempt to enforce one council's position on other councils;

·      MUST NOT cause detriment to one council over another;

·      MUST deal with the issues/themes at a regional/state or national level (ie: the motion must not be a single council issue); and

·      MUST address the conference theme of "Modernising Local Government”.

 

Themes for the 2010 Conference

1.    Modernising the Financing of Local Government;

2.    Modern Approaches to Community Wellbeing; and

3.    Modern Approaches to the Natural & Built Environment.

 

Motions which do not comply with the guidelines will be referred to the Executive for action prior to the Conference.  There is more detail on submitting motions for the above themes at the LGA website: - http://www.lgsa-plus.net.au/www/html/3373-motions-and-business-papers.asp

 

Adopted Motions

 

At the Council Meeting on 19 July 2010 Council adopted to submit to the Conference the following motions:-

 

a)   That the LGA write to both State and Federal Governments highlighting their commitment to ‘Sustainable transport’ and requesting that both governments form a task force to deal with the issue of Bicycle paths in NSW and that our belief that requiring cyclists to have a license will not resolve the lack of bike infrastructure as revenue raised would be immaterial to the total costs.

b)   That the LGA make representations to the State Government to amend the regulations for tendering to allow regional organisation of councils to appoint tenderers without the need for member councils to endorse the proposed tenderers.

 

Proposed Motions

 

It is proposed that the following additional motions be submitted to the Conference:-

 

Banning Battery Farms

 

That the LGSA make representations to both the State and Federal Government to review the Battery Hen industry as a whole including introducing legislation regarding the labelling of Free Range Egg products and banning battery hen farms within Australia.

 

Trigeneration

 

That the LGSA make representations to both the State and Federal Government to seek to remove the regulatory barriers to local government for implementing decentralised energy such as trigeneration.

 

 

RECOMMENDATION

 

That Council give consideration to motions for submission to the 2010 Local Government Association Conference.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 2 August 2010

 

Environmental Services Division Report No. 18

 

 

 

 

 

Reference:    Environmental Services Division Report No. 18

Subject:          Sustainability Small Grants Program    

Record No:    SU4001 - 23335/10

Author(s):       Claire  Brittain 

 

 

Executive Summary

This report details the Sustainability Small Grants Program, funded from the Sustainability Levy.  It is recommended that Council support the implementation of the Sustainability Small Grants Program.

Background

Council may grant financial assistance under Section 356 of the Local Government Act 1993. A Sustainability Small Grants Program would make funding available to assist a range of initiatives that would seek to foster a sustainable Lane Cove community.

Council’s Management Plan for 2010-2013 identified a Sustainability Small Grants Program as a new project to be funded by the Sustainability Levy.

Discussion

Council currently funds an annual Financial Assistance Program for community organisations and it is felt that additional assistance would support community environmental sustainability initiatives. Funding would be available for projects that address priority issues as identified in Council’s Sustainability Action Plan. Projects must either:-

1.         Increase the environmental sustainability of Lane Cove through community projects that have direct and measureable positive environmental outcomes in relation to:-

·        Reduced energy consumption;

·        Reduced water consumption;

·        Increased waste avoidance, recycling and reuse;

·        Enhanced biodiversity and bushland; or

·        Increased use of sustainable transport; or

2.         Encourage the Lane Cove community (or part thereof) to adopt environmentally sustainable attitudes and behaviours.

Incorporated organisations based in the Lane Cove Municipality would be eligible for funding. Unincorporated organisations would be able to apply for funding if sponsored by an eligible incorporated organisation. Eligible organisations would be able to apply for funding of up to $2000 in any given funding round. There would be two funding rounds per year, with applications due in March and September.

For each funding round, applications would be assessed by a panel made up of the Chair of the Sustainability Advisory Committee and relevant Council staff. Recommendations would be made to Council for determination subject to the provisions of Section 365 of the Local Government Act 1993.

Community organisations receiving funding will be required to submit an evaluation report providing an overview of the program outcomes and lessons learnt, an approved financial statement, and copies of any resources developed during the project.


In the first year of the program, funding of $20,000 would be made available from Council’s Sustainability Levy. Administration costs of the program would be up to $2000 to give public notice of proposed grant recipients in an appropriate local newspaper, hence $18,000 would be available in funding for community groups. The program would be facilitated by Council’s Waste and Environmental Education Officer.

Following the first year, the program would be evaluated in relation to the number of projects completed on time and within budget, as well as the environmental benefits flowing from the projects.

Conclusion

The Sustainability Small Grants Program could provide support for a range of local sustainability initiatives in Lane Cove and enhance the capacity of our local community to implement such projects.

 

 

RECOMMENDATION

 

That Council:-

1.    Develop the Sustainability Small Grants Program;

2.    Promote the Sustainability Small Grants Program to local community organisations; and

3.    Bring recommendations for funding under the Sustainability Small Grants Program to Council for determination.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 2 August 2010

 

Environmental Services Division Report No. 26

 

 

 

 

 

Reference:    Environmental Services Division Report No. 26

Subject:          Walk Against Warming 2010    

Record No:    SU3040 - 28920/10

Author(s):       Claire  Brittain 

 

 

Executive Summary

The Nature Conservation Council of New South Wales has approached Council seeking support for this year’s Walk Against Warming event. This report outlines the nature of the support requested and recommends Council’s determination on the level of support to be offered.

Background

Walk Against Warming is organised each year by the Nature Conservation Council. The purpose of the event is to motivate ordinary Australians to take positive action on climate change.

In previous years, Council has supported Walk Against Warming in the following ways:-

·     Promoting the event on Council’s website and through the Sustainability e-newsletter;

·     Displaying posters and flyers promoting the event at the Civic Centre and Council libraries;

·     Offering to display a banner detailing the Sydney event;

·     Promoting the Sydney event through a media release issued by Council; and

·     Providing $500 for the coordination of Sydney’s Walk Against Warming event.

Discussion

This year, Walk Against Warming will be held on Saturday 15th August around the time of the Federal Election.

The Nature Conservation Council has asked Council for support to organise the event by the following methods:-

·     Providing $500 for the coordination of Sydney’s Walk Against Warming event;

·     Promoting the Sydney event to our constituents (for example though Council’s website, sustainability e-newsletter, the distribution of posters and flyers, a media release);

·     Displaying posters and flyers promoting the event in all council community venues;

·     Erecting a banner across local main streets detailing the Sydney event;

·     Walking at the Sydney event under our council’s banner;

·     Promoting the Sydney event through media releases in local papers and council columns; and

·     Passing a motion in support of the event.

The Lane Cove Community and Council have been at the forefront of raising awareness as to the impacts of climate change. The support of this event is consistent with our sustainability principles as outlined in Council’s Sustainability Action Plan (Planet Goal 4: Reduce greenhouse gas emissions).

Sufficient funds are available in Council’s community education budget should Council be of a mind to support the request for a financial contribution to the event.


Conclusion

It is recommended that Council continue to support Walk Against Warming, and make a decision as to the level of support to be provided in 2010.

 

 

RECOMMENDATION

That Council:-

1.    Support and promote Walk Against Warming through the website, sustainability e-newsletter, the distribution of posters and flyers, a media release, by offering to display a banner and the like.

2.    Indicates whether it wishes to provide financial support for this event.

3.    Notify the Nature Conservation Council of the decision

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 2 August 2010

 

Environmental Services Division Report No. 28

 

 

 

 

 

Reference:    Environmental Services Division Report No. 28

Subject:          Regulatory Barriers to Trigeneration    

Record No:    su4168 - 30387/10

Author(s):       Steve  Fedorow 

 

 

Executive Summary

The purpose of this report is to provide information to Council on regulatory barriers which restrict trigeneration power plants.

Institutional and technical barriers have hindered the adoption and implementation of decentralised energy in Australia. Institutional barriers have proven to be the most difficult to overcome. The benefits of removing regulatory barriers would not only stimulate the decentralised energy market but may also contribute to a significant reduction in CO2 emissions. Commonwealth initiatives to address these barriers have commenced which may provide an energy market framework that encourages decentralised energy generation and distribution. Local ‘show by doing’ projects, namely by City of Sydney, are demonstrating that decentralised energy can work.

Background

Decentralised energy is locally produced energy that uses captured waste heat from electricity generation to heat and cool buildings. Typically decentralised energy refers to either cogeneration or trigeneration systems.

Trigeneration systems generate three forms of energy - electricity, heating and cooling. For this reason trigeneration is also known as combined cooling, heat and power (CCHP).  This technology normally relies on burning gas to generate electricity which produces up to two thirds less emissions than energy produced by burning coal.

Interest in decentralised energy has increased due its efficiency over traditional energy generation. Cogeneration and trigeneration has fewer ‘transmission losses’ than coal generated power, only a third of the primary energy burnt at coal fired power stations actually reaches end users in Sydney. Beyond the obvious environmental advantages there are economic benefits to consumers, for instance decentralised energy has the potential to shield NSW consumers from the anticipated 42% increase in electricity costs over the next three years. It must be noted that the economic viability of gas powered decentralised energy is critically dependent on the gas price and this may change over time.

Discussion

The environmental and economic benefits of decentralised energy have been eroded by numerous institutional barriers. These barriers impact trigeneration more so than cogeneration due to the potential capacity of the former to produce energy for local users as opposed to cogeneration technology which is best suited for individual facilities.

Institutional barriers are broadly classified as follows:-

1.   Regulatory barriers - the biasing of State and Commonwealth regulation against decentralised energy options relative to centralised generation, transmission and distribution;

2.   Inefficient pricing – failure to reflect true costs in energy prices;

3.   Payback gap – the difference in the acceptable periods for recovering investment between energy consumers and centralised energy suppliers;

4.   Split incentives – the challenge of capturing benefits spread across numerous stakeholders;

5.   Lack of information – lack of or difficulty accessing relevant information; and

6.   Cultural barriers – resistance and scepticism to the use of decentralised energy options on the part of individuals and organizations.

Many institutional barriers are complex and have been compounded by the fact the electricity market has been developed for a centralised energy system, not for decentralised energy. 

In recognizing the existence of problems with the extant electricity market and more broadly national energy efficiency the Commonwealth has commissioned various strategies and task groups in an attempt to identify barriers to energy efficiency, including decentralised energy generation.

Flagship Commonwealth initiatives include:-

·      The Prime Minister’s Task Group on Energy Efficiency

This Task Group will report to the Prime Minister by mid-2010 on options to deliver a step change improvement in Australia’s energy efficiency by 2020. Importantly, the Task Group’s Issues Paper (p.10) recognized that decentralised energy generation:-

“may play a role in increasing the security, stability and cost-effectiveness of energy markets. Distributed or embedded generation can result in lower transmission line losses because the generator is located close to the load. Distributed generators are also capable of higher overall energy efficiency if using co-generation or tri-generation, because waste heat can be used for heating and cooling. Distributed generation can help delay the need for new electricity infrastructure investment.”

Of the 197 submissions received (submissions closed on 3rd May 2010) many supported the Commonwealth’s leadership on bringing down barriers to decentralised energy generation.

A notable submission was produced by the City of Sydney who is proposing large scale trigeneration implementation in an effort to reach their CO2 emission reduction targets as outlined in their Sustainable Sydney 2030 strategy. Their experiences with institutional barriers formed much of their submission content.

·      National Strategy on Energy Efficiency 

This Council of Australian Governments (COAG) adopted Strategy aims to accelerate energy efficiency efforts, to streamline roles and responsibilities across levels of governments and to accelerate the introduction of new technologies through improving regulatory processes. The New South Wales Government supports this Strategy.

The Strategy acknowledges that:-

tri-generation can be a cost effective and economically efficient alternative to conventional supply arrangements, with the advantages of greater efficiency of use of the primary fuel, avoidance of transmission and distribution losses and potential reduction of the need for network augmentation. However, factors such as lack of integrated planning and design for new buildings and uncertainty among users as to legal and commercial aspects of such projects can act as barriers to the implementation of cost-effective and economically efficient distributed generation.”

As a result, the National Strategy on Energy Efficiency is tasked to consider the effectiveness of the electricity market in bringing forward demand-side energy efficiency measures” with a key element of this task to investigate “barriers to the uptake and application of distributed generation, including tri-generation and co-generation” (National Strategy on Energy Efficiency, p.15, July 2009).


City of Sydney’s efforts to implement their Sustainable Sydney 2030 strategy provides a local context for the many institutional barriers to the uptake and implementation of decentralised energy. Through their ‘Decentralised Energy Master Plan’ the City of Sydney is demonstrating to the broader community, including electricity markets and governments, that decentralised energy can work if barriers are challenged in a collaborative fashion.  Alan Jones MBE, Chief Development Officer, City of Sydney Energy and Climate Change states their on-going success is a result of their “advocacy at the highest level to seek to remove regulatory barriers to trigeneration by introducing the ‘virtual private wire’ over public wires concept.” 

Conclusion

Decentralised energy and specifically trigeneration or CCHP is potentially an environmentally, technologically and economically sound alternative to centralised coal fired energy generation. Unfortunately institutional barriers have hindered its adoption on the scale envisaged by proponents of the technology. Despite this, the Commonwealth Government has now indicated it is serious about identifying and addressing the issues and barriers to decentralised energy. Local ‘show by doing’ efforts from stakeholders like the City of Sydney are a welcome development at the operational level.

 

 

RECOMMENDATION

That Council:-

1.   Receive and note the report;

2.   Receive the Prime Minister’s Task Group Energy Efficiency Report when made available (mid 2010);

3.   Track National Strategy on Energy Efficiency tasks as they are implemented;

4.   Advocate for a NSROC leadership role on behalf of member Council’s on decentralised energy developments at the regional, state and national level; and

5.   Advocate for NSROC to work with the LGSA to promote institutional change to extant arrangements in the state and national electricity market.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.