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Agenda

Ordinary Council Meeting

6 September 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 6 September 2010 commencing at 6:30 PM. 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 6 September 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.       General Managers Report No. 12

SUBJECT: Senior Staff Contracts

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 the report discusses contract conditions of members of staff.

 

2.       General Managers Report No. 15

SUBJECT: Senior Staff Contract Matter

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 that the matter pertains to the employment of staff. 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 16 AUGUST 2010

 

 

Orders Of The Day

 

Notices of Motion

 

4.       Notice of Motion No. 9

SUBJECT: Citizenship Ceremony

 

Corporate Services Division Reports

 

5.       Corporate Services Division Report No. 49

SUBJECT: NSW Local Government Aboriginal Network (LGAN) 23rd Annual Conference

 

6.       Corporate Services Division Report No. 50

SUBJECT: Issues Paper on Public Funding of Local Government Election Campaigns

 

7.       Corporate Services Division Report No. 51

SUBJECT: Policy on Payment of Expenses and Provision of Facilities to Councillors

 

Open Space and Urban Services Division Reports

 

8.       Open Space and Urban Services Division Report No. 35

SUBJECT: Jemena Gas Primary Regulating Station

 

Environmental Services Division Reports

 

9.       Environmental Services Division Report No. 32

SUBJECT: Egg Labelling and Certification

 

10.     Environmental Services Division Report No. 353

SUBJECT: 23-27 Stokes Street, Lane Cove  

 

 

 

 

                 


Ordinary Council Meeting 6 September 2010

 

Notice of Motion No. 9

 

 

 

 

 

Reference:    Notice of Motion No. 9

Subject:          Citizenship Ceremony    

Record No:    SU3982 - 36242/10

Author(s):       Councillor Scott Bennison 

 

 

 

Executive Summary

 

Noting that the First Nation People (Aboriginal) are acknowledged as the first owners of this land we call Australia, it is therefore appropriate that the First Nation People (Aboriginal) be a part of the Citizenship Ceremony conducted by Council in welcoming people becoming citizens of Australia.

 

 

 

 

RECOMMENDATION

 

That Council:-

1.   Adopt a policy of including descendants of traditional owners and/or in their absence representative(s) of traditional owners in all future Council Citizenship Ceremonies;

2.   Notify the Lane Cove Residents for Reconciliation of our new policy and request their involvement in all future Citizenship Ceremonies to facilitate resolution 1; and

3.   Advise NSROC of our new policy and recommend a similar policy be implemented by members of NSROC if no policy currently exists.

 

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 6 September 2010

 

Corporate Services Division Report No. 49

 

 

 

 

 

Reference:    Corporate Services Division Report No. 49

Subject:          NSW Local Government Aboriginal Network (LGAN) 23rd Annual Conference    

Record No:    su846 - 35066/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council that NSW Local Government Aboriginal Network (LGAN) is holding its 23rd Annual Conference themed “Strong Young Leaders”.  It is recommended that Council give consideration to endorsing a delegate to represent Council at the conference.

 

Discussion

 

Council has received correspondence from the NSW Local Government Aboriginal Network (LGAN) advising that they are holding their 23rd Annual Conference at The Sebel, in Parramatta from 14th September – 16th September 2010 (see the program attached as AT-1). 

 

The conference is themed “Strong Young Leaders” and will provide a forum for local government employees, elected officials and representatives from industry and the community to explore programs and services applicable to Aboriginal communities, covering broad range of topics.

 

Councillor Scott Bennison has indicated to the General Manager that he would be interested in attending the conference.  The cost for full conference registration would be approximately $800.  There are funds available in the 2010/11 Budget to cover the cost for this conference.

 

 

 

RECOMMENDATION

 

That Council give consideration to sending a delegate to the NSW Local Government Aboriginal Network’s 23rd Annual Conference to be held in Parramatta from 14-16 September 2010.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

NSW Local Government Aboriginal Network (LGAN) 23rd Annual Conference Program & Registration Pack

8 Pages

 

 

 


Ordinary Council Meeting 6 September 2010

 

Corporate Services Division Report No. 50

 

 

 

 

 

Reference:    Corporate Services Division Report No. 50

Subject:          Issues Paper on Public Funding of Local Government Election Campaigns    

Record No:    su862 - 35635/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

Council has received correspondence from the Joint Standing Committee on Electoral Matters advising that it is conducting an inquiry into the public funding of local government election campaigns.  It is recommended that Council receive and note the report.

 

Discussion

 

The Joint Standing Committee on Electoral Matters is conducting an inquiry into the public funding of local government election campaigns, as a follow up to their completed inquiry into public funding of election campaigns at the state level. As part of the inquiry, the Committee has published an issues paper exploring some of the issues it has identified as significant in developing a public funding scheme for local government elections. The issues paper is attached as AT-1.

 

In June 2008, the Legislative Council Select Committee on Electoral and Political Party Funding (the Select Committee) reported on the funding of, and disclosure of donations, to political parties and candidates in state and local government elections. The Select Committee took evidence from a number of stakeholders on implementing a public funding scheme for local government and recommended that:-

 

“The Premier investigate public funding for local government election campaigns to deter corruption and undue influence. Public funding could be undertaken by the State Government. A detailed and wide-ranging review should be undertaken, to develop a proposed design for the scheme. The review should involve stakeholder consultation, and community consultation to ascertain what level of electoral funding would be supported by the public”.

 

In December 2009 the Joint Standing Committee on Electoral Matters (the Committee) received a referral from the then Premier to inquire into a public funding model for political parties and candidates to apply at the state and local government level. During the course of the inquiry, the Committee received little evidence relating to local government.  In its report of March 2010 the Committee did not make any substantive recommendations relating to public funding for local government, but recommended that the development of a local government public funding model should be considered as a separate inquiry process. The Committee also recommended that the issue of public funding for local government be re-visited after the new public funding system has been introduced and tested at the state level.

 

The aim of the current inquiry is to examine in more detail the development of a public funding model for local government elections.

 

The Committee has invited Council’s comment on the questions raised in the issues paper or any other issues relevant to local government elections. The closing date for submissions is 20 September 2010.


 

 

 

 

 

 

 

RECOMMENDATION

 

That Council determine whether it wishes to make a submission.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Issues Paper on Public Funding of Local Government Election Campaigns

14 Pages

 

 

 


Ordinary Council Meeting 6 September 2010

 

Corporate Services Division Report No. 51

 

 

 

 

 

Reference:    Corporate Services Division Report No. 51

Subject:          Policy on Payment of Expenses and Provision of Facilities to Councillors    

Record No:    su834 - 35695/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

The purpose of this report is to re-adopt Council’s Policy on Payment of Expenses and Provision of Facilities to Councillors, as required by the Local Government Act 1993. 

 

Discussion

Policy on Payment of Expenses and Provision of Facilities to Councillors

Section 252 of the Local Government Act 1993, requires a Council to annually review its policy concerning the payment of expenses and provision of facilities to Councillors and submit the adopted policy to the Division of Local Government by 30th November each year. 

After Council adopted the policy last year, the Department of Local Government (now the Division) released a circular (see AT-1) advising that a review of council policies for Councillor Expenses and Facilities had been conducted and requesting councils amend their policies to take into account the recommendations of this review.  As Council had already adopted its policy it was not required to make these changes until now.  The amended policy is shown attached as AT-2.

The changes to the policy as a result of the review include:-

·     A new clause confirming Council will not pay for any expenses in relation to attendance by councillors at political fund-raising functions and donations to political parties;

·     The legal expense reimbursement provisions have been expanded to provide for the reimbursement (subject to provisions) where the General Manager has referred a matter to the Conduct Review Committee/Conduct Reviewer for formal enquiries;

·     The inclusion of a dispute resolution clause.  In the case of a dispute arising as to reimbursement of expenses under this policy; a) the Mayor and General Manager will jointly make a decision on the matter; b) If the Mayor is subject of the dispute, the Deputy Mayor and General Manager will jointly make a decision on the matter; c) If the matter is still in dispute after the joint decision the matter will be referred to Council for determination;

·     A limit for all expense categories (e.g. office refreshments)

·     Clarification that councillor annual fees do not fall within the scope of this policy; and

·     The policy applies to any Administrator appointed to Council.

 

Conclusion

It is recommended that this policy be re-adopted and sent to the Division of Local Government in accordance with legislative requirements.

 

 


 

RECOMMENDATION

 

That:-

1.   The amended Policy on Payment of Expenses and Provision of Facilities to Councillors dated 26th August 2010 be endorsed; and 

2.   A copy of the Policy on Payment of Expenses and Provision of Facilities to Councillors be sent to the Division of Local Government in accordance with legislative requirements.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

DLG Circular on Payment of Expenses and Provision of Facilities

34 Pages

 

AT‑2 View

Policy on Payment of Expenses and Facilities to Councillors (dated 26th August 2010)

6 Pages

 

 

  


Ordinary Council Meeting 6 September 2010

 

Open Space and Urban Services Division Report No. 35

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 35

Subject:          Jemena Gas Primary Regulating Station    

Record No:    SU1244 - 35842/10

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

Since the 6 April 2010 Ordinary Council meeting, Council staff and Jemena Gas Networks representatives have held a number of meetings and discussions in an attempt to locate the Primary Regulating Station (PRS) within the Lane Cove West Business Park. The parties were specifically investigating a site located on the road reserve in Orion Road, just west of the driveway entrance to SC Johnson.

 

Jemena Gas Networks Pty Ltd has now undertaken extensive investigations into constructing the PRS on the Orion Road site. At an additional expense of almost $1.5 million to that of constructing the facility on Epping Road, Jemena has agreed to locate the PRS at Orion Road.  The decision by Jemena Gas Networks to locate the PRS within the Lane Cove West Business Park is a great win for the community.

 

Background

 

At the Ordinary Council meeting of 6 April 2010, Council considered a staff report and presentation by Jemena Gas Networks Pty Ltd regarding a proposal to construct a Primary Regulating Station (PRS) in the Lane Cove West/Lane Cove North area to improve the existing gas distribution supply for the Northern Suburbs.

 

Council resolved that:

 

“1.   Council receive and note the presentation by Jemena Gas Networks Pty Ltd;

 

2.   The General Manager meet with Jemena to progress the Sam Johnston Way Site and submit a further report to Council; and

 

3.   Council indicate it is prepared to allow the removal of the trees on the Sam Johnston Way site to facilitate the development of the PRS”.

 

Discussion

 

Following the Council meeting of 6 April 2010, Council staff met with Jemena representatives at the proposed Sam Johnson Way/Orion Road site in the Lane Cove West Business Park. The proposed site is located immediately south of the driveway entrance to the SC Johnson industrial site. The proposed site is located within the road reserve for Orion Road, and as such will not require any land acquisition by Jemena.

 

Over the past four months, Jemena have undertaken some extensive investigations into the construction requirements for installing the PRS on the Orion Road site. Provided as Attachment 1, is a copy of the Site Layout Plan that Jemena has prepared for the proposed PRS. This plan highlights the need for some extensive engineering to be utilised to support the adjoining roadway and also the PRS facility.

 

Provided as Attachment 2, is a copy of the aerial plan that identifies the primary and secondary main pipework that is required by constructing the PRS in Orion Road. The existing primary main (shown in blue) runs along Epping Road before splitting at the Stringybark Creek Junction Pit. The new primary main required for Orion Road (shown in red) is approximately 250 metres long, whilst the secondary main, that will be installed along Moore Street (shown in yellow) will be approximately 600 metres long.  Most of this new pipework will be constructed underneath the road reserves in Sam Johnson Way and Moore Street.

 

Jemena Gas Networks has indicated to Council that the additional cost to implement the extra pipework and retaining structures to the PRS site will be in excess of $1.5million of the anticipated cost of the original site proposed for Epping Road. These additional costs are considered by Council staff to be quite accurate, based on the extra pipework (and associated roadworks) and the retaining structures required for the PRS on the Orion Road site.

 

Subject to Council’s concurrence with this proposal, Open Space & Urban Services staff will work with Jemena staff to organise all of the necessary tree removal permits, road opening permits, and traffic control plans required to proceed with this proposal.

 

Conclusion

 

The decision by Jemena Gas Networks to locate their Primary Regulating Station on the site proposed by Council staff is seen as a great win for the Lane Cove community. Jemena has made some difficult economic decisions in accepting this site as their preferred location.  Council should commend Jemena for listening to the concerns of Council and the community in relocating the proposed PRS from the original Epping Road site, adjacent to residential properties, to the Orion Road site, within the Lane Cove West Business Park.

 

 

RECOMMENDATION

 

That Council:-

 

1.         Receive and note the report.

 

2.         Acknowledge that Jemena Gas Networks have nominated the Orion Road site as their preferred location for the new Gas Primary Regulating Station.

 

3.         Write to and thank Jemena Gas Networks for the extensive investigations they have undertaken in preferring the Orion Road site as the location for their new Gas Primary Regulating Station.

 

4.         Assist Jemena Gas Networks in arranging for the necessary traffic controls and roadwork permits with respect to the construction of the Orion Road Gas Primary Regulating Station.

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Jemena PRS - Orion Road Site Plan

1 Page

 

AT‑2 View

Jemena PRS - Proposed Pipe Location Plan

1 Page

 

 

  


Ordinary Council Meeting 6 September 2010

 

Environmental Services Division Report No. 32

 

 

 

 

 

Reference:    Environmental Services Division Report No. 32

Subject:          Egg Labelling and Certification    

Record No:    su678 - 34216/10

Author(s):       Steve  Fedorow 

 

 

Executive Summary

This report provides information regarding egg labelling and certification schemes currently in use.

 

Background

 

At its meeting of 19 July 2010, Council requested that a report be submitted to Council which:-

 

1.   Distinguishes between the different terms and certification standards used in the sale of eggs (e.g. free range, non free range etc) and their meaning; and

2.   Lists local retailers that sell free range eggs.

 

Discussion

 

In Australia there are no legal standards for the labelling of eggs in terms of how they are produced.  Currently there are several different voluntary schemes which have guidelines and standards for labelling.  While these schemes are voluntary the Food Standards Code and Trade Practices Act prevent companies mislabelling eggs which have been produced under the cage or barn system as free range, or from having misleading labelling.

 

The Australian Egg Corporation has published guidelines on labelling requirements and defines three main categories as follows:-

 

·     Cage Systems: Birds in cage systems are continuously housed in cages within a shed;

·     Barn Systems: Birds in barn systems are free to roam within a shed which may have vertical levels.  The floor may be based on litter and/or other material such as slats or wire mesh; and

·     Free Range Systems: Birds in free-range systems are housed in sheds and have access to an outdoor range.

·    

In addition several organisations offer barn raised and free range certification in exchange for specific standards being met:-

 

·     Australian Certified Organic – Certify free range eggs where birds are produced under natural conditions and have access to outdoor range areas during daylight hours. Housed in sheds at no more than 5 adult birds per square metre.  Beak trimming prohibited.

·     Free Range Egg and Poultry Association of Australia – Certify free range eggs where birds are produced under natural conditions and have access to outdoor range areas during daylight hours. Housed in sheds at no more than 7 adult birds per square metre.  Beak trimming prohibited.

·     RSPCA – Certify barn laid eggs where hens are free to roam within a shed which meets the specifications of RSPCA standards and free range eggs where hens are housed in sheds but have access to an outdoor range.  Housed in sheds of no more than 7 adult birds per square metre.  Beak trimming permitted but restricted to specifications of RSPCA standards.

 

Listed in the table below are local retailers who currently stock free range eggs (under any certification system), as well as those who sell caged eggs only:-


 

Retailer

Address

Free Range Egg Option

Caged Eggs Only

Coles

56-60 Burns Bay Road, Lane Cove

ž

 

Springbok Delights Specialty and Fine Foods

652 Mowbray Road, Lane Cove

ž

 

Lane Cove Village Fruit Market

56-60 Burns Bay Road, Lane Cove

ž

 

Thomas Dux

62 Burns Bay Road, Lane Cove

ž

 

7 Eleven

203 Burns Bay Road, Lane Cove

ž

 

Lane Cove West Fruit Market

229 Burns Bay Road, Lane Cove

ž

 

Shell Select

250-254 Burns Bay Road, Lane Cove

ž

 

Shell Select

150 Epping Road, Lane Cove

ž

 

IGA Friendly Grocer

87-89 Greenwich Road, Greenwich

ž

 

Vienna Deli

72 Helen Street, Lane Cove

ž

 

7 Eleven

544-546 Pacific Highway, St Leonards

ž

 

Woolworths

24-28 Burns Bay Road, Lane Cove

ž

 

Riverview Deli

53 Tambourine Bay Road, Riverview

ž

 

The Agora of Lane Cove

165 Burns Bay Road, Lane Cove

ž

 

Speedway Northwood

4-10 Northwood Road, Northwood

ž

 

Caltex Longueville

5-7 Northwood Road, Northwood

 

ž

Caltex Lane Cove

235 Burns Bay Road, Lane Cove

 

ž

Convenience at the Cove

114 Longueville Road, Lane Cove

 

ž

Shell Select

374-378 Pacific Highway, Artarmon

 

ž

BP

62 Epping Road, Lane Cove

 

ž

BP

432 Pacific Highway, Artarmon

 

ž

 


Conclusion

There are a number of voluntary egg certification / labelling standards in use which provide information to enable consumers to make an informed choice when purchasing eggs.

 

 

RECOMMENDATION

That Council receive and note the report.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 6 September 2010

 

Environmental Services Division Report No. 353

 

 

 

 

 

Reference:    Environmental Services Division Report No. 353

Subject:          23-27 Stokes Street, Lane Cove    

Record No:    DA10/83-01 - 33578/10

Author(s):       Michael Mason 

 

 

Property:                                 23-27 Stokes Street, Lane Cove (being lots 12-14 DP 6874)

 

DA No:                                     D83/10

 

Date Lodged:                          14 April 2010

 

Cost of Work:                          $4.1 million

 

Owner:                                                Lane Cove Council

 

Applicant:                                Mr. John Lee – Director Major Projects for Lane Cove Council

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The demolition of existing buildings and construction of a mixed residential (6 units), child care centre (40 children), community meeting rooms, associated car parking and landscaping.

ZONE

-       The residential flat building is contained wholly within the R4 High Density Residential zone

-       The child care centre is within the R4 High Density Residential and RE1 Public Recreation zones

-       The community facility is within the R4 High Density Residential and RE1 Public Recreation zones

IS THE PROPOSAL PERMISSIBLE WITHIN THE NOMINATED ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Classes 2, 9b and 7.

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                             7-41 and 2-6 Stokes Street, 2-6 Murray Street and 53-77 Helen Street

Ward Councillors                   Councillors Gaffney, Longbottom and McIlroy

Progress Association             Lane Cove North Residents Association

 

REASON FOR REFERRAL:

 

The application has been referred to Council for determination as Lane Cove Council is the applicant for the proposed development and the owner of the subject land.

 


EXECUTIVE SUMMARY:

 

·     This proposal is for the demolition of existing buildings and construction of a mixed residential (6 units), child care centre (40 children) and community meeting rooms with associated car parking and landscaping.

 

·     The proposal was notified in accordance with Council’s notification policy and 11 submissions were received.

 

·     The proposal is a permissible form of development within the R4 High Density Residential and RE1 Public Recreation Zones and generally satisfies Council’s relevant planning standards and controls. The proposed development satisfies the general objectives and zone objectives of Lane Cove Local Environmental Plan 2009. The proposed development generally conforms to the “Design Quality Principles” under State Environmental Planning Policy No 65 and a high quality mixed use development to be constructed on the site.

 

·     The proposed development is to provide an appropriate mix of housing in the area and contribute to a wider choice of housing within the Lane Cove Local Government Area. The proposed development is intended to provide valuable and much needed community facilities (child care centre & community rooms) in the area.

 

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

 

SITE:

 

The subject site is located on the south/eastern side of Stokes Street between Ralston Street and Huxtable Avenue.

 

The site has a primary frontage to Stokes Street of 36.615 metres, side boundaries of 44.245 metres (south/west), 45.95 metres (north/east) and rear boundary of 36.585 metres.

 

The site area is as follows:-

 

Lot 12 (23 Stokes Street)                    543.8sqm;

Lot 13 (25 Stokes Street)                    550.1sqm; and           

Lot 14 (27 Stokes Street)                    556.4sqm.

Total                                                 1,650.3sqm.

 

Site Plans and Notification Plan attached (AT1 and AT2).

 

BACKGROUND INFORMATION:

 

·   A previous application for a mixed-use (residential flat building, child care centre & community rooms) development on the site was lodged on 24 January 2008. The proposal was subsequently withdrawn on 23 October 2009. 

 

·   The current proposal was lodged on 14 April 2010 following the gazettal of Lane Cove Local Environmental Plan 2009 on 19 February 2010.

 

·   The proposal involves the demolition of 2 existing dwelling houses currently used as a meeting house and neighbourhood centre and inclusion of some existing parkland into the proposed development.  The construction of a building containing 6 residential units, a child care centre and community meeting rooms.

 

·   The applicant has indicated that the construction cost is to be less than $5 million. Also they have confirmed that the valuation is based on the ‘Capital Investment Value’ (CIV) as defined under Part 3A of the Environmental Planning & Assessment Act, 1979. The proposed development has been assessed to have a CIV less than $5 million ($4.1 million) and therefore is not required to be referred to the Joint Regional Planning Panel for determination.

 

EXISTING DEVELOPMENT:

 

The site is currently occupied by 2 former dwelling houses used as a meeting house and neighbourhood centre. 

 

PROPOSAL:

 

The proposal consists of the following:-

 

·                                All structures on the subject site are to be demolished.

 

·   The construction of a mixed-use development consisting of 6 residential units, community meeting rooms and a 40-place child care centre.

 

·   The proposed residential units, child care centre and community rooms are contained in one (1) building.

 

·   The building is two (2) storeys in height with a part basement car parking level.  

 

·   Upon completion it is intended to strata subdivide the respective components of the building to enable separate occupation of the 6 residential units and their car parking spaces.  Ownership of the non-residential components of the strata is proposed to be retained by Lane Cove Council. The strata subdivision of the respective components of the development is subject to a further development application for Council’s consideration and is not part of this development application.

 

·                                The building consists of the following:-

Basement Level

 

-    A car parking area with vehicular access from Stokes Street.

-    A community meeting room with kitchenette, kitchen, toilets, store room and offices for use by community services administration.

-                                   Stairs.

-                                   Residential storage areas.

-    Residential garbage area.

-    Community centre garbage area.

-    Lift, lobby and pram storage area.

-    Mechanical room. 

 

Ground Floor Level

 

-    A child care centre includes staff lounge, store rooms, laundry, kitchen, mats rooms, 0-2 year old children’s room, 2-3 year old children’s room, 3-5 year old children’s room, toilets, cots & emergency room, craft area, staff director room, staff meeting room and common area.

-    Stairs.

-    Lift and lobby.  

-    2 x 2 bedroom units containing bathroom/s, living and dining room, kitchen, store room and laundry.  

 

First Floor Level

 

-    1 x 2 bedroom unit and 3 x 3 bedroom units containing, living and dining room, bathrooms, kitchen, store room and laundry.

-    Lift for units 1 and 2. Unit 2 is the accessible unit. 

-    Stairs.

-    Balconies.

 

·   The basement car parking area is primarily beneath the building. Four (4) car spaces, including a disabled space and bus space are external to the building on ground level.

 

·   A total of twenty three (23) car parking spaces are provided for the development consisting of:-

 

-    6 spaces for visitors.

-    5 spaces for staff parking.

-    9 spaces for residents of the units (8 in the form of stacker parking).

-    1 adaptable space for residents.

-    1 general disabled space.

-    1 bus space for the community facility.

 

·   The residential unit sizes and number of bedrooms are:-

 

-    Unit No 1 (first floor)  – 131sqm & 3 bedrooms.

-    Unit No 2 (first floor) – 114.5sqm & 3 bedrooms (accessible unit).

-    Unit No 3 (first floor)– 113.0sqm & 3 bedrooms.

-    Unit No 4 (first floor)– 104.0sqm & 2 bedrooms.

-    Unit No 5 (ground floor)– 82.4sqm & 2 bedrooms.

-    Unit No 6 (ground floor)– 90.3sqm & 2 bedrooms.

 

·   The combined storage (within basement and unit) areas for the residential units are:-

 

-    Unit No 1 – 11.7m3.

-    Unit No 2 – 11.7m3.

-    Unit No 3 – 11.2m3.

-    Unit No 4 – 8.0m3.

-    Unit No 5 – 9.2m3.

-    Unit No 6 – 8.0m3.

 

·   Unit Nos 1 – 5 contain a balcony and unit No 6 would provide a 25 square metre ground floor private open space courtyard.

 

·   The Community meeting room facility is proposed to be used for community groups and community playgroups.  The facility is intended to operate 7am to 10.30pm seven days. Two (2) full time staff are to operate the community centre.

 

·   The child care centre is proposed to accommodate 40 places.  It would consist of offices, internal and external play areas.  The hours of operation are proposed to be Monday to Friday 7am to 6pm. The children play area is to be available to the public out of school hours. Eight (8) full time staff are to operate the child care centre.

 

 

SURROUNDING AREA:

 

·   To the west is Goodlet Reserve and further west is a 3 storey (above a car park) residential flat building.

 

·   To the east is a 2 storey (above a car park) residential flat building.

 

·   To the south is a 3 storey (above a car park) residential flat building.

 

·   To the north across Stokes Street are 3 storey (above a car park) residential flat buildings.

 

·   The general area consists of 2-4 storey residential flat buildings.

 

METROPOLITAN STRATEGY:

 

The New South Wales Government in December 2005 released a Metropolitan Strategy for Sydney titled ‘City of Cities – a Plan for Sydney’s Future’.  The Policy outlines a vision for Sydney over the next 25 years and includes directions to achieve this vision. 

 

An important aspect of this strategy relates to the supply of a greater proportion of new housing in inner and middle ring areas. Opportunities for increased housing in transport corridors, centres and close to job concentrations should be pursued. The development of more dwellings in these established areas would further serve to improve housing choice. This type of development around employment centres and key transport facilities is aimed at improving choices in housing and lifestyle.

 

The strategy envisages that the Inner North Sub Region of Sydney of which Lane Cove is a part would accommodate an additional 30,000 dwellings by 2031.

 

The draft sub regional strategy for the Inner North again envisages an additional 30,000 dwellings by 2031.  The key directions in the sub regional strategy for housing are:-

 

·      More housing opportunities to support a diverse workforce and population.

·      Increase housing choice as part of the housing target.

·      Plan for 30,000 new dwellings.

·      Enable communities to ‘age in place’.

 

It envisages an additional 3,900 dwellings for Lane Cove by 2031.

 

The proposed development satisfies this strategy by providing a controlled and orderly development in close proximity to public transport nodes.

 

ASSESSMENT:

 

The site is subject to a number of statutes due to:-

 

-     Classification of land under Local Government Act 1993.

-     Need for planning permission under the Environmental Planning and Assessment Act 1979.

 

Accordingly comments are provided on the following relevant statutes.

 

Local Government Act 1993

 

Lots 13 & 14 DP 6874 (Nos 25-27 Stokes Street) are classified as “operational land” under the Local Government Act 1993. Lot 12 DP 6874 (No 23 Stokes Street) is   classified as “community land”. The applicant has advised that the “development does not propose to sell or otherwise dispose of community land, and the community facility within the development including that part constructed within 23 Stokes Street is to remain a Council owned facility. It is proposed that part of the development within 23 Stokes Street is to be a separate lot within a stratum subdivision.”

 

To address associated statutory requirements Council adopted the Lane Cove Community Land Management Plan – December 2000.  This Plan provides generic plans of management for 10 broad categories of community land and nominates core objectives for each land category and performance targets.

 

Plan of Management

 

The site is subject to Council’s Community Land Management Plan 2000.  The relevant parts are Parks and General Community Use.

 

The relevant provisions are as follows:-

 

Parks

 

Core Objectives:-

 

a)   To encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and

b)   To provide for passive recreational activities or pastimes and for the casual playing of games, and

c)   To improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

 

Performance Targets:-

 

a)   Satisfactory usage levels by diverse community groups.

b)   Provision of a range of passive and active recreation spaces at neighbourhood, local and regional scale recreation spaces.

c)   Designs reviewed to meet requests by public and Council’s Landscape policies to produce safe, accessible and aesthetically pleasing species.

 

Means to achieve targets:-

 

a)   By the provision and publicity of attractive facilities, encourage use by community groups.

b)   Regular maintenance and upgrading of attractive, accessible areas.

c)   Modify facilities to meet changing needs of community within budget.

 

Comment

 

The proposal is consistent with the above elements.

 

 

General Community Use

 

Core Objectives:-

 

To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

 

·     In relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

 

·     In relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

Performance Targets:-

 

a)   Maximum use made of facilities.

b)   Facilities in safe and clean condition.

c)   Cost/income neutral to Council.

d)   Diverse range of user groups.

e)   Physical accessibility maximised.

 

Means to achieve targets:-

 

a)   Publicity of available facilities.

b)   Leases for public purposes.

c)   Appropriate allocation of resources.

d)   Audit of accessibility.

 

Comment

 

The proposal is consistent with the above elements.

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

Integrated Development under the Environmental Planning and Assessment Act 1979

 

The proposed development is not “Integrated development” under the Environmental Planning and Assessment Act 1979.

 

Assessment under Section 79C

 

Section 79C(1)(a) the provisions of: (i) any environmental planning instrument

 

Lane Cove Local Environmental Plan 2009 (LEP)

 

An assessment of the proposed development under Lane Cove Local Environmental Plan 2009 is provided below:-

 

LEP Maps

 

Lot Size Map

 

The proposed development is unaffected.

 

Floor Space Ratio Map

 

The floor space ratio (FSR) for Nos 25 and 27 Stokes Street is 0.8:1. There is no floor space ratio requirement for No 23 Stokes Street as the subject site is located in an RE1 Public Recreation zone. The proposal complies with Council’s control.  

 

 

Height of Buildings Map

 

The height of buildings map indicates that the maximum height for Nos 25 and 27 Stokes Street is 12.0 m. There is no building height for No 23 Stokes Street as the subject site is located in the RE1 Public Recreation zone. The building height for the development varies from 6.5 m to 10.2 m. The proposed development complies with Council’s control.

 

Land Reservation Acquisition Map

 

The site is not subject to any land acquisition.

 

Heritage Map

 

The subject site is not listed as a heritage item and is not located in a heritage conservation area.

 

Acid Sulfate Soils Map, Foreshore Building Line Map and Riparian Land Map

 

The site is not shown as being affected by acid sulphate soils, is not within a foreshore building line or classified as Riparian land. 

 

Definitions

 

The relevant land use definitions are:-

 

Child Care Centre

 

Child care centre means a building or place used for the supervision and care of children that:

 

(a)   provides long day care, pre-school care, occasional child care or out-of-school- hours care, and

(b)  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

 

but does not include:-

 

(c)   a building or place used for home-based child care, or

(d)  an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or

(e)   a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)    a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g)   a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

(h)   a service that is concerned primarily with the provision of:

(i)    lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii)   private tutoring, or

(i)    a school, or

(j)    a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

 

Comment

 

The proposed long day child care centre falls within the above definition.

 

Community Facility

 

Community facility means a building or place:-

 

(a)   owned or controlled by a public authority or non-profit community organisation, and

(b)   used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

 

Comment

 

The community meeting room facility is owned and is to be under the control of Lane Cove Council. The facility is provided to be a benefit to the general public.

 

Residential Flat Building

 

Residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

 

Comment

 

The building contains six (6) dwellings and therefore constitutes a residential flat building.

 

Recreation Area

 

Recreation area means a place used for outdoor recreation that is normally open to the public, and includes:-

 

(a)   a children’s playground, or

(b)   an area used for community sporting activities, or

(c)   a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

 

Comment

 

The child care centre contains a children’s play ground which contains play equipment. The open area towards the west would also function as a public area and is intended to be accessible to the public for recreational purposes.

 

The proposed development uses fall within the definition meanings in the LEP 2009.

 

Relevant Clauses under Lane Cove LEP 2009

 

The relevant clauses to be considered under LEP 2009 are as follows:-

Provision

Comment

Compliance

Clause 1.2   Aims of Plan

The applicant has adequately addressed the aims of the Plan in the submitted Statement of Environmental Effects to Council. It is considered that the proposal is consistent with the aims of the Plan.

Yes, satisfies aims of plan.

Clause 2.1 Relevant Land Use Zones

 

 

-     The residential flat building is contained within the R4 zone.

The proposed residential flat building component of the development is permissible in the R4 zone with the consent of Council. The proposed residential flat building (units, landscaping, private open space areas, car parking and access areas) is wholly within the R4 zone.

Yes

-     The child care centre is within the R4 and RE1 zones.

-     The community facility is within the R4 and RE1 zones.

The child care centre and community facility are permissible forms of development within the R4 and RE1 zones subject to the consent of Council.

Yes

Objectives of Zone R4 High Density Residential

The objectives of the zone are:

It is considered that the proposed development satisfies the Objectives of the R4 Zone and a high quality mixed use development is to be constructed on the subject site.

 

Yes, satisfies the objectives of the zone.

-     To provide for the housing needs of the community within a high-density residential environment.

 

The proposed residential component of the development satisfies Council’s future intent with regards to desirable future uses. Also Council’s Housing Strategy identifies environments such as at this location to make significant contributions to meeting new and local housing demand in the long term.

Yes

-     To provide a variety of housing types within a high-density residential environment.

The development provides a mix of 2 and 3 bedroom units, an adaptable unit and a visitable/accessible unit. The proposed mix is considered satisfactory.

Yes

-     To enable other land uses that provides facilities or services to meet the day-to-day needs of residents.

-     To provide for a high concentration of housing with good access to transport, services and facilities.

 

The proposed child care centre and community facility provides a valuable facility to the local community.

 

 

The proposed development is in close proximity to public transport along nearby Pacific Highway and to the Longueville Road bus interchange. Lane Cove Town Centre which provides good shopping, medical and services is also within walking distance from the site. 

Yes

 

 

Yes

-     To ensure that the existing amenity of residences in the neighbourhood is respected.

The proposed development should not adversely impact on the amenity of the area in terms of privacy, noise, solar access, views, car parking and traffic.

Yes

-     To avoid the isolation of sites resulting from site amalgamation.

No sites are isolated due to the proposed development.

Yes

-     To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

There is more than sufficient areas to provide deep soil planting of advanced trees and shrubs so as to ensure that the development site is appropriately landscaped using ‘soft landscaping’ treatments to soften and enhance the development. A landscape plan has been prepared for the development by a qualified landscape architect. The proposed landscape treatment for the development is considered satisfactory.

Yes

Objectives of Zone RE1 Public Recreation

The objectives of the zone are:

It is considered that the proposed development satisfies the Objectives of the RE1 Zone and a high quality mixed use development is to be constructed on the subject site.

 

The small part of the child care centre and community meeting rooms constructed within this RE1 zone is permissible and fully satisfies the high quality objective of a mixed use development within the zone.

 

Yes, satisfies the objectives of the zone.

-     To enable land to be used for public open space or recreational purposes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The applicant has indicated as follows:

“The proposal limits the area of open space/community land otherwise consumed to achieve the child care and community facilities in the Lane Cove North neighbourhood. The proposal includes a section of the building extending approximately 64sqm at ground level into the public open space area, part vegetated and part play equipment. A section of open space is also incorporated into the children’s play area.

The loss of open space is offset by:

- a greater use by young children in the community of the open space during child care

- joint use of the recreational areas within the development out of child care hours

- enhancement of Goodlet Reserve for recreational purposes.”  

The proposal also takes some of Goodlet Reserve in that a portion of the park becomes unavailable for general public access, but rather be allocated for a particular public purpose being the meeting rooms and child care centre.  The proposal addresses the public reserve satisfactorily.

The proposal removes an existing play structure and barbeque area.  It is acknowledged in the EIS that these facilities would be replaced elsewhere in the remaining portion of Goodlet Reserve along with the substantial upgrading of this important park.

Yes, satisfies objective.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

-     To provide a range of recreational settings and activities and compatible land uses. and

 

The overall recreational settings and activities within Goodlet Reserve are not diminished by the development. Existing equipment is to be relocated and is to be expanded as part of a future Council redevelopment of Goodlet Reserve. The proposed uses satisfy Council’s future intent with regards to desirable future uses in the area.  

Yes

-     To make provision for rights of public access to more foreshore land and to link existing open space areas.

The proposed development is not adjacent to foreshore land. The existing linkage between Stokes Street and Helen Street in Goodlet Reserve is maintained.

Yes

Clause 1.6 Consent authority

Lane Cove Council is the consent authority for this development application.

 

Clause 2.6A Demolition requires   consent

All structures on the site are to be demolished to accommodate the proposed development. Appropriate conditions are to be imposed on the development consent.

Yes 

Clause 4.1 Minimum subdivision lot size

Required 550sqm

The subject site is more than the minimum lot size of 550sqm. The proposed development is subject to a lot consolidation, stratum and strata subdivision in the future. The proposal complies with Council’s requirement. 

Yes

Clause 4.3 Maximum height of buildings

Allowable max 12.0m

The building height for the development varies from 6.5 metres to 10.2 metres. The proposed development complies with Council’s control. 

Yes

Clause 4.4 Floor space ratio

Maximum FSR 0.8:1

 

 

Clause 4.5(2) states that the floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. The LEP is silent in regard to maximum FSR on No 23 Stokes Street being community land.

However, clause 4.5(7) states that for the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

Proposed FSR: 0.77:1. The proposal complies with the control.

The FSR for the proposed development has been calculated as follows:

 

Site Areas:

No 23 Stokes Street (area physically affected by proposed development)

396sqm

No 25 Stokes Street 

550.1sqm

No 27 Stokes Street

537.2sqm

Total Site Area = 1483.3sqm

 

Gross Floor Areas (as defined in LEP 2009):

Basement level

133.9sqm

Ground level

550.4sqm

First floor

469.7sqm

Total gross floor area = 1154.0sqm. (0.77:1 fsr)

Yes

Clause 5.9   Preservation of trees or vegetation

A number of trees are to be removed. The application was referred to Council’s Tree Assessment Officer for assessment.  No objection was raised to the proposal subject to the imposition of specific conditions.  The conditions relate to measures to protect trees and controls on excavation in the proximity of existing trees.

Yes

State Environmental Planning Policy No 55 (Remediation)

The policy requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land. 

                                                                                                                                               

Considerations

                                                                                                                                               

Clause 7 (1) of SEPP 55 prevents Council from consenting to a development unless:-

 

a)   It has considered whether the land is contaminated, and

 

b)   If the land is contaminated, it is satisfied that the land is suitable in its  contaminated state (or suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

 

c)   If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land is to be remediated before the land is used for that purpose.

 

Comment

 

Council staff has reviewed the site and the property history and have found no evidence of the site having been used for any potentially contaminating purpose. Therefore the proposal is satisfactory with regard to the provisions of this policy.

 

State Environmental Planning Policy 65 Design Quality of Residential Flat Development (SEPP65)

                                                                                                                                               

State Environmental Planning Policy No 65 applies to development applications involving the erection of a residential flat building or substantial redevelopment or refurbishment of existing residential flat buildings.  The SEPP applies to the proposed development.  SEPP 65 aims to improve the design quality of residential flat building developments to provide sustainable housing in social and environmental terms that is a long-term asset to the community and presents a better-built form within the streetscape. In addition it aims to better provide for a range of residents,  safety, landscaping, amenity and satisfy ecologically sustainable development principles.

 

 

Provision

Comment

Compliance

Clause 2 of SEPP 65 states that the aims and objectives of the policy are as follows:

(1) This Policy aims to improve the design quality of residential flat development in New South Wales.

(2) This Policy recognises that the design quality of residential flat development is of significance for environmental planning for the State due to the economic, environmental, cultural and social benefits of high quality design.

The proposed development adds to the stock of residential accommodation available in the area.

The proposed development is consistent with the aims and objectives of SEPP 65.

Yes

 

Yes

 

 

 (3) Improving the design quality of residential flat development aims:

(a)  To ensure that it contributes to the sustainable development of New South Wales:

(i) By providing sustainable housing in social and environmental terms, and

(ii) By being a long-term asset to its neighbourhood, and

(iii) By achieving the urban planning policies for its regional and local contexts,

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

Yes

(b)  To achieve better built form and aesthetics of buildings and of the streetscapes and the public spaces they define.

The high quality design of the building would significantly contribute to the streetscape and should enhance the area.

Council’s external Urban Designer has endorsed the appearance and design of the development.

Yes

 

 

Yes

(c)  To better satisfy the increasing demand, the changing social and demographic profile of the community, and the needs of the widest range of people from childhood to old age, including those with disabilities.

Recent social change that has had an impact on housing includes increased rates of female participation in the workforce, later marriage and childbearing and increasing divorce and separation rates.  This relates to an increase in smaller, non-traditional, non-nuclear households including single persons and couples without children, single-parent families, the elderly and divorcees. This would translate into a demand for reductions in dwelling size and an increase in diversity of the housing stock, including more dense dwelling types that offer good security, lower maintenance and a compatible social environment.

The increased use of multi-unit housing forms in established areas contributes to more efficient land use and servicing and potentially to lower housing costs. It provides an appropriate mix of housing in the area and it contributes to the wider choice of housing within the area. The proposed development provides the opportunity for a person/s to live and work in the area and the development creates a high quality living environment.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

(d)  To maximise amenity, safety and security for the benefit of its occupants and the wider community.

The proposed units provide good amenity for future occupants due to their functional layout, room sizes and dimensions, and access to natural ventilation and sunlight. Higher concentrations of residents and visitors in a given housing development and closer proximity of dwellings to publicly accessible spaces can provide opportunities for increased surveillance which helps to deter criminal behaviour.

Yes

(e)  To minimise the consumption of energy from non-renewable resources, to conserve the environment and to reduce greenhouse gas emissions.

The proposed development incorporates principles of Ecologically Sustainable Development by the efficient use of natural resources such as wind, water and solar access. The design of the development has considered ventilation, water saving devices and solar access.

 

 

Yes

(4) This Policy aims to provide:

 

 

(a) Consistency of policy and mechanisms across the State, and

(b) A framework for local and regional planning to achieve identified outcomes for specific places.

The proposed development satisfies the Aims and Objectives of the Policy.

Yes

Clause 29 Development Applications

 

 

Clause 29(1A) requires a development application that relates to residential flat development, and that is made on or after 1 December 2003, must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies:

As required by SEPP 65, the architect for the project is registered and has submitted to Council a statement attesting that the proposed development has been designed in accordance with the requirements of SEPP 65.

 

Yes

(a) That he or she designed, or directed the design, of the residential flat development, and

(b) That the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development are achieved for the residential flat development.

 

Yes

Clause 29(5) requires that the statement of environmental effects must include the following:

 

 

(a)  An explanation of the design in terms of the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development.

This has been provided and referred to Council’s external urban design consultant for assessment who has reviewed the design in terms of SEPP 65 and its compliance.

Yes

(b)  Drawings of the proposed development in the context of surrounding development, including the streetscape.

This has been provided and referred to Council’s urban design consultant  who has reviewed the drawings in terms of SEPP 65.

Yes

(c)  Development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections and elevations.

This has been provided and referred to Council’s urban design consultant who has reviewed the development and who has considered each of the matters.

Yes

(c)  Drawings of the proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context.

This has been provided and referred to Council’s urban design consultant for assessment and consideration in the context of SEPP 65.

Yes

(d)  If the proposed development is within an area in which the built form is changing, statements of the existing and likely future contexts.

The locality is not undergoing any major change in building form as the locality is largely residential flat buildings.

N/A

(e)  Photomontages of the proposed development in the context of surrounding development.

Provided.

Yes

(f)   A sample board of the proposed materials and colours of the faēade.

Provided.

Yes

(g)  Detailed sections of proposed facades,

Provided.

Yes

(h)  If appropriate, a model that includes the context.

A movie file has been submitted showing the proposed development in the local context.

N/A

Clause 30 (Determination of development applications)

 

 

Council must obtain the advice of the relevant design review panel (if any) concerning the design quality of the residential flat development.

No Panel exists for the area. However, the application was assessed by an independent consultant architect Timothy Williams and Associates.  Details of his assessment follow in the next section of this report.

N/A

Council must take into consideration:

 

 

(a)    The advice from the Design Review Panel.

See above.

N/A

(b)    The design quality of the residential flat development when evaluated in accordance with the design quality principles.

This element is discussed in the following section of this report

Yes

 

The following contains the consideration of the design principles referred to in Clause 29(5).

 

The application was referred to Council’s external Urban Design Consultant – ‘Timothy Williams and Associates Pty Ltd’ for assessment.

 

The consultant’s assessment is as follows:-

 

DESIGN QUALITY PRINCIPLES

 

Part 2 of SEPP 65 sets out the following design quality principles as a guide to assess a residential flat development. The ‘Residential Flat Design Code’ (The Code) is referred to as an accepted guide as to how the principles are to be achieved.

 

1. Context

 

Good design responds to and contributes to its context. Context can be defined as the key natural and built features of an area. Responding to context involves identifying the desirable elements of a location’s character or, in the case of precincts undergoing a transition, the desired future character as stated in Planning and design policies. New buildings will thereby contribute to the quality and identity of an area. (SEPP65)

 

The proposed development is located at 23-27 Stokes St, which is a leafy street that has mainly a mixture of 1960’s -1980’s two to four storey multi unit apartment buildings in the vicinity of the site. The subject site consists of two single storey brick 1950s residential in appearance houses that are currently used as a childcare centre and as a community meeting house.

 

Directly adjoining the site to the northeast is a two story 1960’s apartment block with balcony surrounds. On the other side of the development site is an open space area called Goodlet Reserve, which has a playground and provides pedestrian access up to Helen St. Beyond the reserve and adjoining the rear of the site are predominantly three storey 1980’s style residential apartment blocks. Aligning the opposite side of the street on a lower elevation are four storey 1980s style multi-unit residential buildings. The development proposes a modern style two storey building that should provide parking and community centre at basement level; 2x2 bedroom apartments and a child care centre on the ground level; and 1x2 bedroom and 3x3 bedroom apartments on the first floor.

 

The design of the building will be different from the surrounding development. To the west side of the front elevation at ground level there is a curved surfaced wall structure that presents a strong architectural feature to the streetscape. The proposal responds well to its context.

 

The proposal meets the objectives of this principle.

 

2. Scale

 

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area. (SEPP65).

 

The proposed bulk and scale of the proposed building is appropriate in terms of height and scale in relation to the street and surrounding development. Furthermore it is understood the building would not exceed the Council’s building height requirement.

 

 

The proposal meets the objectives of this principle.

 

 

3. Built Form

 

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of the building elements. Appropriate built form defines the public domain, contributes to the character of streetscape and parks, including their views and vistas, and provides internal amenity and outlook. (SEPP65).

 

The proposed building frontage aligns with the adjoining building to the northeast but swings towards (or closer to) the road frontage at the southwest end of this frontage. The building is generally well proportioned and would not adversely compromise the general character of the streetscape and open space area (Goodlet Reserve) to the southwest. The built form expresses the different uses of the building and reads as a public building on to the reserve.

 

The proposal meets the objectives of this principle.

 

4. Density

 

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents) Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality. (SEPP 65).

 

Surrounding development predominately consists of two - four storey residential multi-unit housing developments that imply the density in this part of Lane Cove is relatively high. Nonetheless the proposed density is within the allowable FSR.

 

The proposal meets with the objectives of this principle.

 

5. Resource, Energy and Water Efficiency

 

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction. Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and re-use of water. (SEPP65).

 

The units are all on corner positions, which means they have good cross ventilation, thus reducing the need of air-conditioning. It is noted that water tanks are provided to service the toilets and laundries. No grey water treatment is proposed for this project but this is not seen as appropriate in this scale of development. Solar panels are indicated on the roof, however they are not orientated due north, which would be more efficient.

 

The proposal meets the objectives of this principle.

 

6. Landscape

 

Good design recognizes that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Landscape design builds on the site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environment performance by coordinating water and soil management, solar access, microclimate, and tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character. Landscape design should optimise usability, privacy and social opportunity, equitable access and respect for neighbours’ amenity and provide for practical establishment and long-term management. (SEPP65).

 

The landscape plan indicates that most of the significant native trees on the site are retained which  maintains the leafy quality in this part of the valley. Childcare facilities require specific surfaces for safety and maintenance in high use areas. These have been successfully integrated into an overall landscape plan. Lower scale screening and decorative species have been selected for the external borders of the childcare centre which improves visual privacy to the child care centre and further integrate the building into the landscape. A dense hedge of Lilli Pillies has been located on the northeast boundary to improve visual privacy to and from the adjoining neighbour.

 

The proposal meets the objectives of this principle.

 

7. Amenity

 

Good design provides amenity through the physical, spatial and environmental quality of a development. Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility. (SEPP65).

 

As discussed above, the units are all in corner positions which affords them good ventilation and light. All apartments are well designed with well-proportioned rooms and with good-sized balconies. The units are compact with few corridors. Sun louvers are indicated on many of the windows, however there is not enough information to assess the efficacy of these screens for sun-control or privacy. Double walls are indicated between units, which should allow for good acoustic isolation. Adequate wardrobes and extra stores are provided to each unit. A lift is provided on the front faēade, which makes four of the units accessible. It is assumed that the bathrooms can be made accessible.

 

The proposal meets the objectives of this principle.

 

8. Safety and Security

 

Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces. (SEPP65).

 

A clear line of sight has been provided from the street to the main unit entry on the northern side. The building generates more traffic movements in and around the site and have a busy car parking area especially at children drop-off and pick-up times. I am a little concerned that the garbage bin enclosure forms a visual barrier as seen from the entry which may make children and others difficult to see if they are coming from a vehicle parked behind it. This enclosure could also allow for somebody to hide behind it. There is a potential conflict point at the entry on the ground floor around the lift lobby area. Residents and childcare patrons may mix in the same small lobby, which may be inconvenient and inappropriate. The stroller store is still too small in my opinion and could cause dangerous congestion at this point. (See draft condition 4).

 

 

The proposal generally meets the objectives of this principle.

 

 

 

9. Social Dimensions

 

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability and access to social facilities. New developments should optimise the provision of housing to suit the social mix and needs of the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community. (SEPP65).

 

The proposal provides a good mix of units to accommodate a range of residents and is consistent with the type of housing available in the area. The provision of the community rooms and the improved childcare facility are of great benefit to the local community.

 

The proposal meets the objectives of this principle.

 

10. Aesthetics

 

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area. (SEPP65).

 

The proposed built form is of a simple building form with a feature curved wall on the park / street side. The building potentially meets the objectives of this principle. A simple built form relies on good use of appropriate materials and fixtures such as windows. There is insufficient information about materials and colours to assess whether the full impact of the aesthetics.

 

The proposal potentially meets the objectives of this principle.

 

Conclusion

 

With the exception of the remarks on safety and security and of aesthetics. I feel that this proposal satisfies the principles of good design under SEPP 65.”

 

Comment

 

An appropriate condition should be imposed on any consent requiring that the pram storage lobby area on the basement level be widened. (See draft condition 4).  Also the applicant shall be required to provide details in respect to improving the safety and security around the garbage storage area to the satisfaction of Council. (See draft condition 5). 

 

The publication Residential Flat Design Code (a publication of the Department of Planning, September 2002).

 

The following is a summary of the consideration of the Design Code.


Residential Flat Design Code

Provision

Comment

Compliance

Part 1 – Local Context

 

 

Building Height

 

 

To ensure the proposed development responds to the desired scale and character of the street and local area and to allow reasonable daylight access to all development and the public domain.

The height of the proposal complies with the height controls contained within Lane Cove LEP. The proposed 2 storey building height is compatible with the surrounding residential flat building area.

Yes

Building Depth

 

 

In general, apartment depth should be between 10-18m.  Freestanding buildings (the big house or tower building types) may have greater depth than 18 metres only if they still achieve satisfactory daylight and natural ventilation. Use building depth in combination with other controls to ensure adequate amenity for building occupants.

The proposed mixed building has a depth greater than 18m. However the proposal is a freestanding building with windows on all four sides of the building.  The 18m guideline generally applies to street wall buildings, buildings with dual and opposite aspect and buildings with minimal side setbacks.  It is considered that the proposal having a depth greater than 18m is reasonable as it is a freestanding building. It would be consistent with the other residential flat buildings in the locality.

No. Variation supported as the relevant objective has been achieved.

Building Separation

 

 

As the building increases in height, differing separation distances between habitable rooms/balconies are required.  12 m for buildings up to 12m / 4 storeys.

This would translate to a set back of 6m.  The setback to the north/eastern adjoining boundary is 4m for most of the wall and in 2 places (where no windows are proposed) only 2.7m.  It is required to be 6m and accordingly does not comply.

It is considered that the requirement is appropriate for a 4-storey building but not a 2 storey building. The proposed setback is considered appropriate for the proposed height of the building. The encroachment is also considered reasonable as it permits a design, which allows windows to the proposed bedrooms (privacy louvers provided on bedroom windows) and bathrooms without looking directly onto the adjoining property. Windows of living and dining rooms on this elevation do not overlook windows of adjoining dwellings.  Given that the encroachment to this setback is for bedrooms and bathrooms, and not living areas, it is considered that this departure from the control is worthy of support. Also some bathroom windows are located on this elevation so there is no potential for overlooking or a reduction in privacy for adjoining dwellings. Balconies are adequately screened with privacy louver screens and therefore should maintain privacy to the adjoining property. Accordingly variation of the control is considered reasonable and unlikely to cause an undesirable precedent.

No. Variation supported as the relevant objective has been achieved

Street Setbacks

 

 

To establish the desired spatial proportions of the street and define the street edge.  To relate setbacks to the areas street hierarchy.

The proposed development complies with the required street setback outlined in Lane Cove DCP 2010, except for one of the balconies, which encroaches by up to 1.7m. The setback from the balcony to the front boundary is 5.8m. The setback from the wall of the building is well setback to 10.0m. Variation to the front setback is considered reasonable in this particular case on the following grounds:

- The proposed encroachment should not adversely impact on the amenity of the area in terms of privacy and solar access

- The encroachment should not adversely impact on the streetscape.

- The majority of the building (90%) complies with Council’s control.

- The setback from the wall of the building is well setback to 10.0m.

The above variation is considered reasonable given that the rest of the building is set back more than the minimum requirement.

No. Variation supported as the relevant objective has been achieved

Side and Rear Setbacks

 

 

To minimise the impact of development on light, air, sun, privacy, views and outlook for neighbouring properties including future buildings.

See comments under consideration of the DCP.

Yes.

Floor Space Ratio

 

 

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.

The proposed development complies with the FSR prescribed under Lane Cove LEP 2009 (refer to separate assessment). The proposed residential development positively contributes to the housing stock of the Lane Cove Local Government Area.

Yes

Part 2 – Site Design

 

 

Deep Soil Zones

 

 

A minimum of 25% of the open space area of a site should be a deep soil zone, more is desirable.  Exceptions may be made in urban areas where sites are built out.

Approximately 40% of the site area is to be landscaped. There is sufficient areas to provide more than adequate landscaping. It is proposed to plant a mixture of trees and shrubs, which includes natives. There is sufficient areas within the front, rear and side setback areas to provide deep soil planting of trees and shrubs so as to ensure that the development site is appropriately landscaped using ‘soft landscaping’ treatments to soften and enhance the development. 

Yes

Open Space

 

 

Communal open space amounting to 25% of the site area should be provided and may be accommodated on a podium or a roof in a mixed-use building providing it has adequate amenity. 

See comments in assessment under DCP.

No. Variation supported as the relevant objective has been achieved

Orientation

 

 

To protect the amenity of existing development and to optimize solar access to residential apartments within the development and adjacent to the development.

The submitted shadow diagrams show that the proposed development should not adversely impact on the adjoining properties for long periods of time and that the proposed development complies with Council’s requirements. It is considered that the proposal does not compromise the adjacent buildings in relation to solar access.

Yes

Planting on Structures

 

 

To contribute to the quality and amenity of communal open space on rooftops, podiums etc.

No landscaping is provided on the roof, however substantial landscaping is proposed throughout the site.

N/A

Visual Privacy

 

 

To provide reasonable levels of visual privacy externally and internally, during the day and at night.

The proposal provides privacy screens on the bedroom windows and balconies on the north/eastern wall adjacent to the development next door. The level of the land it is sufficiently lower than the adjacent development in Helen Street to avoid any issues in relation to privacy.

Yes

Pedestrian Access

 

 

Identify access requirements from the street and parking areas to the residential apartments, and ensure access is accessible.

Safe access is provided into and out of the site and building.

Yes

Vehicle Access

 

 

Limit width of driveways to 6 metres and locate vehicle entries on the secondary frontage.

The proposed driveway complies with the width although there is no secondary frontage.

Yes

Part 3 – Building Design

 

 

Apartment Layout

 

 

Single aspect apartments should be limited in depth to 8 metres from a window. 

Not applicable as no single aspect apartments are proposed.

N/A

The back of a kitchen should be no more then 8 metres from a window.

Complies with requirement. Minimum is 7.0m.

Yes

The width of cross through apartments, which are over 15m deep, should be 4m of greater.

Not applicable as no cross through apartments are proposed.

N/A

Two bedroom corner units should have an area of 80m² or greater.

Complies with requirement.

Yes

 

Apartment Mix

 

 

To provide a diversity of apartment types, which cater for different household requirements now and in the future.

The proposal incorporates two and three bedroom units. It also provides an accessible dwelling. The unit mix is considered satisfactory.

Yes

Balconies

 

 

Primary balconies to be a minimum of 2 metres in depth.

Complies. Balconies vary in width from 2.0m to 4.0m.

Yes

Ceiling Heights

 

 

2.7m for residential levels.

Complies.

Yes

Storage

 

 

To provide adequate storage for every day household items within easy access of the apartment and to provide storage for sporting, leisure, fitness and hobby equipment. At least 50% of required storage should be within each apartment.

Complies with the requirement.

Yes

Daylight Access

 

 

Limit the number of single aspect apartments with a southerly aspect to a maximum of 10 percent the total units proposed. The Code requires that 70% of the units receive 3 hours of direct sunlight in winter to living rooms and private open space areas.

No single aspect apartments are proposed. Five (5) or 83% of the units should receive 3 hours of sunlight to living and private open space areas in winter.

Yes

Natural Ventilation

 

 

60% of residential units should be naturally cross ventilated.

Complies (all units 100%). All units have good cross ventilation.

Yes

25% of kitchens should have access to natural ventilation.

All kitchens have natural ventilation. No kitchens are enclosed.

 

Waste Management

 

 

Supply Waste Management Plan in conjunction with the DA.

A Waste Management Plan has been submitted and is considered acceptable and appropriate conditions are to be imposed.

Yes

 


State Environmental Planning Policy (Infrastructure) 2007

 

The proposal does not require referral to the Roads and Traffic Authority under this SEPP. The proposal was nevertheless referred to Council’s Traffic Committee for comment.  The Lane Cove Traffic Committee considered the proposal and recommended as follows:

 

“THAT Development Application 83/10 at 23-27 Stokes Street, Lane Cove be approved on traffic grounds, subject to the following conditions:-

 

-     Construction Management Plan: A Construction Management Plan is to be lodged with Council’s Traffic Section for consideration by the Lane Cove Traffic Committee prior to the issuing of a Construction Certificate. Comments from the Traffic Committee could impact on the builder’s construction methodology. The Construction Management Plan should address issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles at the site, parking of vehicles associated with the construction, and any impacts on public transport, cyclists and pedestrians. Requests for any road occupancy certificate, including Work Zones, Permits to Stand Plant and Permits to Place Materials on the Footpath, should be considered as part of this process.

 

-     Mechanical Vehicle Stackers: A caveat is to be placed on the proposed mechanical vehicle stacker that requires repairs to be undertaken within 24 hours of a breakdown.

 

-     Car parking: The layout and dimensions of the proposed basement car park is to comply with AS2890.1 – Off-Street Car Parking. The adjacent car park area, outside of the basement is to comply with AS2890.2, to accommodate the bus movements. The proposed disabled car space is to comply with AS2890.6, specifically Figure 2.2.

 

-     Child Care Parking Zone: A 15 Minute drop off/pick up zone should be provided in Stokes Street, outside the development, to cater for the Child Care Centre. The zone is to be 12 metres in length and is to operate at the start/finish times (approx. 7am-9am and 4pm-6pm, weekdays) of the child care centre. The signage is to be installed prior to the issue of the Occupation Certificate. The cost for signage is to be borne by the applicant.”

 

Comment

 

The above recommended conditions should be incorporated into draft consent conditions if Council wishes to approve the proposed development. (See draft conditions 62-65).

 

State Environmental Planning Policy 2004 – Building Sustainability Index (BASIX)

 

The application has been assessed against the requirements of the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, which aims to ensure consistency in the implementation of the BASIX scheme throughout the State. 

 

A BASIX Certificate was submitted as part of this application. A condition has been suggested for applicant to demonstrate the fulfilment of BASIX commitments pertaining to the development.  (See draft condition 38).

 


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

 

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

 

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

 

Section 79C(1)(a) the provisions of: (ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved)

 

There is no applicable draft environmental planning instrument.

 

Section 79C(1)(a) the provisions of: (iii) any development control plan

 

Lane Cove Development Control Plan

 

Provisions

Comment

Compliance

Part B General Controls

 

 

B1 General Objectives of the DCP

The proposal is consistent with the objectives of the DCP.

Yes

B2 Public Domain

 

 

2.1 General

 

 

2.2 Public Domain Projects in St. Leonards

Not applicable.

N/A

B3 Site Amalgamation and Development on Isolated Sites

No sites are to be isolated due to the development.

Yes

B4 View Sharing

Distance views enjoyed by adjoining properties in particular to the south should not be impacted by the development.

N/A

B5 Development in Foreshore Areas

Not applicable.

N/A

B6 Environmental Management

Appropriate conditions of approval are to be imposed so as to ensure that the environment is not adversely impacted by the development.

Yes

6.1 Sunlight to Public Spaces

The proposal generally satisfies the objectives and provisions. The adjoining park receives more than adequate sunlight during mid winter. The submitted shadow diagrams show that at least 50% of Goodlet Reserve receives sunlight between 11am and 2pm on 21 June.      

Yes

6.2 Wind Standards for St Leonards

Not applicable.

N/A

6.3 Energy and Water Efficiency for Buildings

The proposal generally satisfies the objectives and provisions. Also a BASIX Certificate was submitted as part of this application.

Yes

B7 Developments near Busy Roads and Rail Corridors

Not applicable.

N/A

B8 Safety and Security

 

 

8.1 Activation

 

 

8.2 Passive Surveillance

The proposed mixed use building provides for a range of day and night time activities. The provision of residential uses should allow for casual surveillance of the development during the day and night time periods, and the ground level community uses should allow surveillance of the site during business hours.

Yes

B9 Heritage

The subject site is not located in a heritage conservation area, is not listed as a heritage item and is not located near any heritage item.

N/A

B10 Cut and Fill

 

 

The minimum excavation permitted for a dwelling is 1m. There is no specific provision for residential flat buildings. 

At the rear of the site the basement car parking area is excavated up to 3m. This is considered acceptable due to the fall of the land and that such excavation results in reducing the height of the building to a 2-storey building.  The car parking area at this point is basically underground and the common open space abuts the building at apparent ground level.

N/A

Part C Residential Development

 

 

Assessment is limited to Section C3 Residential Flat Buildings.

 

 


 

3.1 General Objectives

 

 

Objectives

 

 

·     To achieve a reasonable level of amenity for the residential flat buildings, neighbouring properties and the surrounding area.

·     To achieve sustainable development whilst providing a concentration of residents close to public transport and facilities.

·     To provide opportunities for lifestyle choice and dwelling mix.

The careful design of the development ensures that the amenity of the area would be maintained. The proposed development should not adversely impact on the amenity of the area in terms of privacy and solar access. The proposed development is located in close proximity to public transport and services. The proposal satisfies the objectives.

Yes

3.2 Density

 

 

The minimum site area for residential flat developments is 1,500m2.

The area of the site that is occupied by the residential flat building component is 1,094sqm. The total site area for the proposed mixed development which includes Nos 23, 25 and 27 Stokes Street is 1650.3sqm. The site is the last remaining parcel in the immediate locality. It would seem inappropriate to leave a parcel undevelopable.  Variation of the control is considered reasonable and unlikely to create an undesirable precedent.

It should be noted that if the area of the entire site is included, the proposal would comply with the requirement.

No, variation supported as the site area objective has been achieved.

3.3 Building Depth

 

 

a)   The maximum residential flat building depth is to be 18 m.

b)   This depth is exclusive of balconies.

The depth of the building is 24.885m and accordingly does not comply.  A similar control is contained in the Residential Development Code (SEPP 65).  The 18m guideline generally applies to street wall buildings, buildings with dual and opposite aspect and buildings with minimal side setbacks. It is considered that the proposal having a depth greater than 18m is reasonable as it is a freestanding building that contains other uses i.e. community facility and child care centre. It would be consistent with the other residential flat buildings in the locality.

No. Variation supported as the relevant objective has been achieved

Building Depth

 

 

In general, apartment depth should be between 10-18m.  Freestanding buildings (the big house or tower building types) may have greater depth than 18 metres only if they still achieve satisfactory daylight and natural ventilation. Use building depth in combination with other controls to ensure adequate amenity for building occupants.

 

The floor plate of the units does not exceed 18m. The minimum unit depth is 10.5m and the maximum depth is 12m The proposal complies with Council’s requirement.

Yes

3.4 Building Width

 

 

a)   The maximum overall width of the building fronting the street shall be 40m. Greater widths may be permissible if the proposed building articulation is satisfactory in the streetscape.

The width of the building is 23.5m and accordingly complies.

Yes

3.5 Setbacks

 

 

Front/Street

 

 

a)   The front setback of the building shall be consistent with the prevailing setback along the street. However, Special Residential Areas subject to Block Plans should comply with the setback stated therein.  Where there is no predominant setback within the street, and no Block Plan for the locality, the setback should be a minimum of 7.5m.

b)   The front setback area shall comprise terraces and gardens to the ground floor dwellings, deep soil zones, driveways and pathways.

It is noted that significant landscaping is proposed at the front setback area, which should significantly screen the external car parking spaces and garbage areas.

The proposed development complies with the required street setback outlined in Lane Cove DCP , except for one of the balconies, which encroaches by up to 1.7m. The setback from the balcony to the front boundary is 5.8m. The setback from the wall of the building is well setback to 10.0m. Variation to the front setback is considered reasonable in this particular case on the following grounds:

- The proposed encroachment should not adversely impact on the amenity of the area in terms of privacy and solar access

- The encroachment should not adversely impact on the streetscape.

- The majority of the building (90%) complies with Council’s control.

- The setback from the wall of the building is well setback to 10.0m.

The above variation is considered reasonable given that the rest of the building is set back more than the minimum requirement.

No, variation supported as the front street objectives have been achieved.

Side and Rear

 

 

a)    To the boundary within the R4 zone, the minimum side and rear setback shall be:

6m up to 4 storeys

b)   To the boundary shared with R2 and R3 zones the minimum set back will be 9m if habitable rooms/balconies orient this side.

The setback to the southern rear boundary is 9.4m from the building wall and 6.0m from balconies. The proposal complies with the control. 

The setback to the north/eastern adjoining boundary is 4m for most of the wall and in 2 places (contains no windows) 2.7m.  It is required to be 6m and accordingly does not comply. This matter has already been discussed in the report. As already mentioned it is considered that the requirement is appropriate for a 4 storey building but not a 2 storey building.  The proposed setback is considered appropriate for the proposed height of the building.  The encroachment is also considered reasonable as it permits a design, which allows windows to the proposed bedrooms (privacy louvers provided on bedroom windows) and bathrooms without looking directly onto the adjoining property. Windows of living and dining rooms on this elevation do not overlook windows of adjoining dwellings.  Given that the encroachment to this setback is for bedrooms and bathrooms and not living areas, it is considered that this departure from the control is worthy of support. Also some bathroom windows are located on this elevation so there is no potential for overlooking or a reduction in privacy for adjoining dwellings. Balconies are adequately screened with privacy louver screens and therefore maintain privacy to the adjoining property. Accordingly variation of the control is considered reasonable and unlikely to cause an undesirable precedent.

Yes

 

 

No, variation supported as privacy and noise objectives have been achieved.

General

 

 

a)   In general, no part of a building or above ground structure may encroach into a setback zone. Exceptions are:

I.    Underground parking structures no more than 1.2m above ground up to a maximum of 2m, where there is no unreasonable effect on the streetscape.

II.    Awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 600mm.

Proposal complies.

Yes

3.6 Building Separation (within developments)

 

 

Provisions

 

 

Unless indicated elsewhere through block controls within the DCP, separation distances within a development are:

Up to four storeys /12 m height:

I.    12m between habitable rooms/balconies

II.    9m between habitable rooms/balconies and non-habitable rooms

III.   6m between non-habitable rooms and blank wall to any other window, light well or balcony.

Not applicable as the proposed building is largely rectangular in shape with no dwellings within the development looking directly onto other dwellings in the development.

N/A

I.    Lightwells are permitted for residential flat buildings.

Not applicable as no light wells are proposed.

N/A


 

3.7 Design of Roof Top Areas

 

 

Provisions

 

 

Roof top areas including podium area are to be designed for use as recreation facilities where practicable and should be of high standard of finish and design. A detailed landscape design and plan of roof top design is to be submitted with the DA.

The design of exterior private open space such as roof top gardens is to address visual and acoustic privacy, safety, security, and wind effects.

Not applicable as no rooftop areas are proposed for recreational purposes.

N/A

3.8 Size of Dwellings

 

 

In residential flat buildings and the residential component of mixed-use buildings, studio dwellings are to have a minimum size of 40m2. This dwelling size is a net area and is to be exclusive of balconies, common corridors and lobbies, car spaces, storage areas outside the dwelling, private and communal open spaces and lift and other services shafts.

All units comply with the minimum size. The proposed unit sizes vary from 82.4sqm – 131.0sqm.

Yes

3.9 Private Open Space (balconies and terraces)

 

 

a)   Provide primary balconies for all above ground dwellings with a minimum depth of 2m and minimum area of 10m2.

b)   Provide a primary terrace for all ground floor dwellings with a minimum depth of 4m and minimum area of 16m2. All ground floor dwellings are to have direct access to a terrace or front garden area.

c)   Balconies and terraces shall not be enclosed under any circumstances.

The balconies have an area of more than 10sqm and have an average width of 2m and accordingly are considered acceptable. These areas are capable of being used as an extension of the function of the unit for relaxation and dining and all units have direct access from living rooms.

Only one dwelling is at ground level and it has a terrace/courtyard area of 25sqm and accordingly is considered acceptable.

Yes

3.10 Number of Car Parking, Motorcycle and Bicycle Spaces

 

 

a)   The number of car parking spaces for residential flat buildings and residential component of mixed use in other areas (with any number of 0.5 or above rounded to the nearest whole number):

I. Studio = 0.5 space

II. 1 bedroom dwelling = 1 space

III. 2 bedroom dwelling = 1.5 spaces

IV. 3 and more bedroom dwelling = 2 spaces

V. Visitors = 1 car space per 4 dwellings

(Note: For the purpose of floor area exemption from FSR calculations, a single garage/ or carport is 18 m2 and a single car bay is 13.5m2).

A total of 23 car parking spaces are provided for the development. These spaces are:

6 spaces for visitors

5 spaces for staff parking

9 spaces for residents of the units (8 spaces in the form of stacker parking)

1 adaptable space for resident

1 general disabled space

1 bus space for the community facility.

The proposed development complies with Council’s requirements. All vehicles are able to enter and exit the site in a forward direction.

The development proposes eight (8) resident stacker car spaces. Council’s Traffic Engineer has not raised objections to this form of car parking.

Yes

Motorcycle parking is to be provided at the rate of 1 motorcycle space per 25 car spaces. These spaces are to have an area of 1.2m x 3 m.

A motorcycle parking space is required for the development. An appropriate condition is to be imposed.  

Conditioned to comply.  (See draft condition 2).

Bike lockers are to be provided at the rate of 1 locker per 10 dwellings. Bike rail/racks are to be designed in accordance with AS 2890.3 and be provided at the rate of 1 rail/rack per 12 dwellings.

 

One (1) bike locker is also required and an appropriate condition is to be imposed.

Conditioned to comply.  (See draft condition 3).


 

3.11 Ceiling Heights

 

 

a)   Ceiling heights are to be 2.7m minimum for all habitable rooms.

Complies.  All habitable rooms (living, dining and bedrooms) have ceiling heights of 2.7m.

Yes

3.12 Storage

 

 

a)   In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:

I. Studio dwellings 6m³

II. One-bedroom dwellings 6m³

III.         Two-bedroom dwellings 8m³

IV.        Three plus bedroom dwellings 10m³

A minimum of 50% of this storage volume is to be provided within the dwelling accessible from the hall or living area as hall cupboards.

The proposed development complies with Council’s requirements. The storage areas are:

Unit 1 – 11.7m3

Unit 2 – 11.7m3

Unit 3 – 11.2m3

Unit 4 – 8.0m3

Unit 5 – 9.2m3

Unit 6 – 8.0m3

Yes

3.13 Solar Access

 

 

a)   Living rooms and private open spaces for at least 70 percent of dwellings in a development should receive a minimum of three hours direct sunlight between 9 am and 3 pm on 21st June. In dense urban areas a minimum of two hours may be acceptable.

b)   Limit the number of single-aspect dwellings with a southerly aspect (SW-SE) to a maximum of 10 percent of the total dwellings within a residential flat building. Developments varying from the minimum standard due to site constraints and orientation must demonstrate how energy efficiency is addressed.

Complies.  It should be noted that a number of dwellings have sky lights over the living area.

 

 

 

 

 

No single aspect apartments are proposed. Five (5) or 83% of the units receive 3 hours of sunlight to living and private open space areas in winter.

Yes

 

 

 

 

 

 

Yes

c)   Adjoining properties are to receive a minimum of 3 hours sunlight in living rooms and in at least a reasonable portion of the private open space between 9am and 3pm on 21 June.

d)   Where existing development currently receives less sunlight than this requirement, this should not be unreasonably reduced. Shadow diagrams are required with the development application to show solar access and the extent of overshadowing.

The shadow diagrams submitted demonstrate that adjoining properties received a minimum of 3 hours sunlight between 9am and 3pm in June.

Yes

 

 

 

 

 

N/A

 

 

3.14 Natural Ventilation

 

 

Provisions

 

 

a)   Sixty percent (60%) of dwellings should be naturally cross-ventilated.

b)   Ventilation provided to one end of a dwelling via windows onto an open access corridor does not satisfy this requirement due to privacy and acoustics’ impacts.

c)   Twenty five percent (25%) of kitchens within a development should have access to natural ventilation.

Complies (all units 100%). Each of the proposed dwellings satisfies the requirement for being naturally cross-ventilated.

It is considered that all kitchens are naturally ventilated. No kitchens are to  be enclosed.  .  (See draft condition 2).

 

Yes

 

 

Yes

3.15 Visual Privacy

 

 

a)  Locate and orient new development to encourage visual privacy between buildings on site and adjacent buildings.

b)  Use detailed site and building design elements to increase privacy without     compromising access to light and air. Detailing may include:

Offset windows of dwellings in new developments in relation to adjacent development windows.

Recessed balconies and/or vertical fins between adjacent balconies.

Solid or semi-solid balustrades to balconies.

Louvers or screen panels to windows and/or balconies.

Incorporating planter boxes into walls or balustrades to increase the visual separation between areas.

Utilise pergolas or shading devices to limit overlooking of lower dwellings or private open space.

There are more than adequate building setbacks to the rear and to Goodlet Reserve.  The setback along the north eastern boundary is considered satisfactory due to the use of privacy louvers.  There is no direct overlooking into adjoining dwellings.  Balconies are adequately screened with privacy louver screens and therefore retain privacy to adjoining properties.

Yes

 

 

 

 

3.16 Communal Open Space

 

 

A minimum of 25% of the site area is to be provided as communal open space.

For mixed-use sites, communal open space can be provided on podiums and roof terraces subject to achieving privacy for adjoining users.

The proposed development does not comply with Council’s requirement. The residential component of the proposal is confined to Lots 13 and 14 with the community meeting rooms and child care centre occupying in part Lots 12 and 13.  The secure play area is located on part Lot 12 and 13, which forms part of Goodlet Reserve and be available for use by both the residential units and the general public when the child care centre is not operating.  Thereby providing the residential units with an accessible and secure children’s play area.  The adjoining Goodlet Reserve upgrade is to be expanded and bought forward to provide additional utility and amenity for use by the residential units and the community generally.

The upgrading and refurbishment of Goodlet Reserve is to be completed prior to the occupation of this development.  It is proposed to strata the units and community facilities (child care and meeting rooms) in the future.

An increase in the amount of communal open space could be achieved by requiring the building to cover less of the site but have more storeys, which is permissible under the LEP. The provision of an additional storey could create privacy and solar access impacts onto adjoining properties. In addition it would undesirably increase the height, bulk and scale of the development.

The reduced communal open space area is offset by the provision of private open space areas for individual dwellings which, for the majority of units, exceed the requirements of the DCP. This preference toward private open space provides greater benefit to the amenity of the proposed dwellings. No matters of State or Regional significance are raised to the variation of the standard. The proposed variation to the communal open space requirement is considered to be worthy of Council’s support.  (See draft condition 11).

No, variation supported as general amenity objectives have been achieved.

3.17 Landscaped Area

 

 

a)   A minimum of 25% of the site area should be landscaped area and a further minimum of 15% of the site should be planting on structures or landscaped area.

b)   Exceptions may be made in centres for mixed-use developments only. In these instances, stormwater treatment measures must be integrated with the design of the residential flat building and sufficient soil depth and volumes to be provided to ensure that native trees are achievable.

Approximately 40% of the site area is to be landscaped. There are sufficient areas to provide more than adequate landscaping. It is proposed to plant a mixture of trees and shrubs, which includes natives. There is sufficient areas within the front, rear and side setback areas to provide deep soil planting of trees and shrubs so as to ensure that the development site is appropriately landscaped using ‘soft landscaping’ treatments to soften and enhance the development. 

Yes

Part F Access and Mobility

 

 

F1 Introduction

Complies with objectives.

Yes

F.2 Legislation and Policies

Noted.

 

F.3 Application

 

 

3.3 Public Spaces and Links to Private Properties

 

 

Developments on public and / or private properties must provide and maintain accessible links and paths of travel between BCA Class 2 to Class 10 buildings and to adjacent public spaces or pedestrian networks

-     For Class 1 development, barriers to access should be removed at private to public interfaces

The proposal provides accessible paths around the building.

Yes

3.6 Adaptable and Visitable Housing

 

 

Provisions

 

 

a)   Adaptable housing to comply with AS4299, including the essential features in Appendix A

 

b)   Adaptable housing to be equitably distributed throughout all types and sizes of dwelling units

c)   Adaptable housing to be provided at the rate of 1 dwelling per 5 dwellings, in any development of over 5 dwellings.

 

d)   Dual occupancies are to be visitable where topography permits

e)   Dwellings are to be visitable at the rate of 80% in developments requiring adaptable housing.

As 6 dwellings are proposed, 1 adaptable dwelling has been provided.  3 other dwellings are visitable. In total 4 of the 6 dwellings are visitable. 

 

Yes

 

 

1 adaptable dwelling provided.

 

 

 

 

 

N/A

 

 

This would require 4.8 (5) of the dwellings to be visitable. 

Yes

 

 

 

 

Yes

 

 

Yes

 

 

 

 

N/A

 

 

No  Lane Cove Access Committee has endorsed the proposal no objection, variation considered reasonable.

Part I Child Care Centres

 

 

Objectives

 

 

·     To encourage the provision of Child Care Centres in the Lane Cove Local Government Area which meet the needs of the community, in particular with the provision of spaces for 0-2 year olds.

·     To ensure that sites containing Child Care Centres are appropriate for that purpose and provide a functional and pleasant environment for their users.

·     To ensure that sites containing Child Care Centres are compatible with the environment in which they are situated, particularly in terms of visual character, landscaping etc.

·     To ensure that potential adverse impacts from Child Care Centres on surrounding residential areas, such as those created by noise, traffic generation and on street parking, are minimized.

The proposed development satisfies the objectives of the Part I Child Care Centres.

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

2 Locational Considerations

 

 

RE1 Public Recreation

 

 

·     Child Care Centres will be permitted only on sites with appropriate topography for safe play and use.

 

 

 

·     In low-density residential areas, child care centres are encouraged to be single storey in height for reasons of safety and access.

·     It is particularly important to consider the health and security of children by providing for them an environment, which, ideally, protects them from pollution by considering the location and design of the centre.

·     Sites on arterial roads will only be consented to if the Statement of Environmental Effects satisfies relevant issues in relation to the location and access is be provided from a smaller street.

·     A Child Care Centre is not to be located in any site, which shares its access with a brothel or is situated within 100m of a property used for the purpose of a brothel.

The child care centre provides a suitable and safe play area meeting DOC’s requirements. Access into the centre is security protected. Parents are required to drop off and pick up children from staff only. The site is not located on an arterial road.

Yes

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 


 

3 Indoor & Outdoor Space

 

 

3.1 Indoor Play Area:

 

 

Performance Criteria / Development control

 

 

At least a minimum of 3.25 sqm of unencumbered indoor play space for each licensed child care place (children aged 0-6 years). 

In calculating unencumbered indoor play space, the following are not to be included: passageways or thoroughfares, door swing areas (approx. 0.5 square metre per door), kitchen, cot rooms, storage rooms, bed storage areas, children’s lockers, toilet or shower areas, nappy change areas, wall cavities, cupboards and craft preparation sinks located in the playroom are not included.

Playrooms should be adjacent to the outdoor play area – providing easy supervision.

A total of 136.40sqm has been provided for 40 children under 6 years equating to 3.41sqm per child. The proposal complies with Council’s requirement.

Yes

3.2 Other Indoor Space:

 

 

A Child Care Centre should have 5sqm in total for each employee (for office space, adult toilet etc.)

A Child Care Centre must provide a room or an area that is used only for administration of the service and for private consultation between staff and parents, and a room or an area, located away from the areas used by children, that are used for respite of staff.

A total of 55.76sqm has been provided for 8 staff equating to 6.97sqm per staff member.

Good size staff lounge and meeting rooms have been provided in the child care centre.

The proposal complies with Council’s requirements.

Yes

 

 

Yes

 

Yes

3.3 Outdoor Play Area

 

 

Performance Criteria / Development control

 

 

a)   A centre must provide at least a minimum of 7sqm of unencumbered outdoor space for each licensed child care place.

b)   Outdoor areas should if possible be located to the north or north east of a building. The exposure to external noise, pollution and wind should be minimised.

The outdoor play space must be adequately shaded in accordance with guidelines published by the New South Wales Cancer Council under the title Shade for Child Care Services.  Fifty percent of all outdoor open spaces should be shaded during the hours of 10am – 3pm.  Shading may be provided by trees, awnings, or similar structures.

In calculating outdoor play space, areas where children cannot be readily supervised such as areas used for car parking, storage sheds, garden beds, hedges, side boundary setbacks or other areas unsuitable for play are not to be included.

The design of the outdoor play space should allow at least half the area to be unencumbered and available for free vigorous play.

The proposed child care centre provides 293sqm of outdoor area for 40 children equating to 7.32sqm per child. Part of the outdoor area provides a shade structure therefore reducing the exposure to the rays of the sun. The location of the outdoor play area at the rear of the building away from the street frontage and near the park provides minimum exposure to noise and wind. The outdoor area achieves more than of the area available for free vigorous play.      (See draft condition 8)

Yes

Visual features, plants and climbing equipment must be provided to create an interesting and stimulating experience for the children.

Outdoor areas should ideally include a variety of surfaces such as soft-fall, grass, sand, hard paving and mounding. Designs should aim for:

30% natural planting area (excluding turf)

30% turfed area

40% surfaces (including sand, ‘’soft fall’’, paving and timber platforms)

Details are to be specified in the construction certificate stage.   (See draft condition 6).

 

4 Built Form and Building Appearance

 

 

Performance Criteria / Development Control

 

 

Building Design

 

 

Child care centres must comply with the same standards for built form controls as provided under the DCP of the respective zone.

Council’s external urban design consultant has raised no objection to the proposed mixed use building design.

Yes

The design and layout of the child care centres must respond to the character of the existing neighbourhood and streetscape. Existing residential character of the locality must be maintained through the use of appropriate finishes, materials, landscaping, fencing and plantings.

 

 

All child care centres are preferred to be located at ground floor level where achievable and in areas where the opportunity for natural landscaping comprising deep planting is possible (i.e., not located entirely over a basement area)

The proposed child care centre is accessible via stairs or the lift at the front of the building and directly accessible at ground level at the rear of the building.

Yes

In buildings including both residential uses and child care centres, the residential areas of the property are to be designed so as to prevent access to them by non-resident children. This includes both indoor and outdoor areas (such as washing lines etc.)

Access to the child care centre from the front area is a secure access. The outdoor play area is to be secured with fencing to meet DOC’s requirements with lockable gates, and an intercom linked with the centre. It should be noted that out of child care centre hours the outdoor play area can be used by the general public.

Yes

5 Car Parking / Traffic

 

 

Performance Criteria / Development controls

 

 

Car Parking

 

 

Consideration may be given to reducing the on-site parking requirements, in terms of drop off/pick up component, where convenient and safe on-street parking is available (e.g., indented parking bays) in streets which experience low traffic volumes subject to not adversely affecting the safety and amenity of the adjacent area or causing traffic problems.

As part of the development application a parking and traffic report was prepared by ‘McLaren Traffic Engineering’. Council’s traffic engineer has reviewed the submitted report has raised no objection to the proposed car parking provisions for the child care centre. Also the proposed development was referred to the Lane Cove Traffic Committee for consideration and the Committee raised no objection to the development.  

Yes

On-street car spaces may be required to clearly indicate that they are for the exclusive use of the Child Care Centre users in peak hour periods at the drop-off between 7.00-9.00am and between 2.30-6.00pm.

Car parking for staff and users with disabilities must be provided in accordance with Australian Standards.

 

 

Traffic:

 

 

a)   The centre should not be located on a road, which carries traffic volumes in excess of 1,000 vehicles per hour, unless satisfactory off-street parking and entry/ exit provision is made. 

As per above comment.

Yes

6 Accessibility

 

 

Performance Criteria / Development control

 

 

Access should be in accordance with Australian Standard 1428.1 to 4 and comply with Part D of the Building Code of Australia.

Complies and would be a condition of consent. .  (See draft condition 7).

Yes

7 Safety / Security / Fencing

 

 

Performance Criteria / Development control

 

 

a)   Floors should be of a non-slip surface and easy to clean.

b)   Fire safety precautions must be provided in accordance with Building Code of Australia and Australian Standard 1851.1–1995.

c)   Every gate should be provided with a childproof self-locking mechanism, but must still be accessible for adults in wheelchairs.

Details of surface finishes are to be required at the construction certificate stage. .  (See draft condition 8).

Yes, condition imposed.

d)   Child Care Centres which are not entirely located at ground level must satisfy Council as to their high safety level relating to fence / balcony heights, reduced window opening sizes etc.

e)   Any part of the Child Care Centre that is designated for outdoor play space must be fenced on all sides.

f)    Any side of a stairway, ramp, corridor, hallway or external balcony that is not abutting a wall must be enclosed to prevent a child being trapped or falling through.

The design of the child care centre has incorporated a high safety level with specialised designed windows providing natural light and ventilation into the 0-2 year old and cot areas. All other areas access directly to ground level.

 

 

 

 

 

Yes

g)   Fences should be designed to minimise noise transmission (on busy roads), improve privacy and must not dominate the streetscape. Materials and finishes for fences may be used that complement the surrounding streetscape.

Fencing has been provided on all sides of the outdoor play area and is required to meet the requirements of DOC’s. The fence colour is to be compatible with the adjacent park (i.e. brown or green).

 

Yes

8 Environmental Hazards / Air Quality

 

 

Performance Criteria / Development control

 

 

a)   In Child Care Centres located on roads where there is an average daily traffic rate of more than 5,000 per day, exposure to air and noise pollution sources should be minimised by the use of air conditioning and the location of outdoor play areas.

b)   To avoid mosquito bite infections Council may require that all doors and windows should be screened.  Mosquito breeding must be minimized by ensuring that drains and gutters are cleared and/or covered and that dark, damp areas are clear of vegetation and clutter.

The child care centre is not located on a road that has an average traffic rate of more than 5,000 vehicle movements per day.

 

 

 

 

 

It is envisaged that staff of the child care centre should take appropriate action in cases of mosquito bites.

Yes

9 Landscaping / Planting

 

 

Performance Criteria / Development control

 

 

a)   Planting should be used for its quality of shading, screening and decorating outdoor areas. Trees located on the northern and western boundary will shade the place during the hottest part of day.

b)   The planting and vegetation should provide educational features.

c)   Where the outdoor play area is proposed above ground level natural plants are to be provided in pots.

The proposed landscape treatments for the development are considered satisfactory. 

Yes

10 Privacy and Noise Minimisation

 

 

Performance Criteria / Development control:

 

 

a)   Effort should be made to reduce any possible adverse noise impact into the Child Care Centre. In certain situations, this may require double-glazing of windows or appropriate location of windows.

b)   The development application should demonstrate that privacy and noise minimisation for neighbouring properties have been considered in designing the centre. 

This matter is discussed later in the report. 

 

Sustainability

 

 

Applications in residential zonings need to indicate that they fulfil any requirements for a BASIX Certificate, which may have been introduced by the State government for relating to water and energy efficiency etc. 

The child care centre/meeting room’s components require a ‘Section J’ report. An appropriate condition is to be imposed requiring the submission of a Section J report with the construction certificate.  (See draft condition 9).

 

Hours of Operation

 

 

The maximum hours of operation shall be between 7.00am and 6pm, Monday till Friday, in a residential zone.

Hours of operation for other zones will be assessed on demand and merit considerations.

Property maintenance may be conducted outside the hours of operation in accordance with Council’s Exempt and Complying Development DCP.

The child care centre would be operated within these hours.  The community facility would operate longer hours.

Yes

Part L Public Art

 

 

The Lane Cove Council Public Art Policy & Implementation Plan and Section 94 Contributions Plan are to be complied with in determining the relevant public and private developments to incorporate a public art component, and in achieving its provision.

Not applicable

N/A

Section 79C(1)(a) (iiia) the provisions of: any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

 

Comment

 

No planning agreement relates to the site or proposed development.

 

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

 

The following section considers the likely impacts of the development that includes environmental impacts on both the natural and built environments and social and economic impacts in the locality:-

 

Environmental Impact         

 

Comment

 

No adverse environmental impacts have been identified.

 

Natural Hazards

 

Comment

 

The land is not identified by Council as being bush fire and flood prone land. The site is not located in area affected by land instability. In addition, it is considered that the proposal should not create a hazard or risk to adjoining properties.

 

Water and Air Quality Impacts

           

Comment

 

No adverse water and air quality impacts have been identified. The proposed development due to its nature, scale and careful design would not likely cause pollution or siltation of any nearby waterway, nor should it generate any liquid waste, odour or fumes.

 

Soil and Water Management          

 

Comment

 

No adverse soil or water management issues have been identified.

 

Flora and Fauna

 

Comment

 

In view of the nature, scale and design of the development, it is considered that no long term adverse impact in terms of flora and fauna resulting from the proposed development. The proposed development would remove a small number of trees and other plants during construction.  However, a detailed landscaping upgrade would follow.  It is considered that the proposed development should have a positive impact with regard to flora and fauna through the provision of additional on site landscaping and the use of native species.

 

Amenity Impacts       

 

Comment

 

A noise assessment report was prepared by RSA Acoustics regarding the potential impact of the proposed car stackers on the adjoining properties. The report indicated as follows:-

 

“Plans provided by MCA Architects show that the majority of the car stackers are below ground level and the air flow is via a ventilation opening 1 metre x 8.4 metres at the top of the stacker.

Calculations based on both car stackers being operated simultaneously and using the noise data, the shielding of the building alignment and the distance attenuation to the closest residential boundary, the maximum noise level at the closest residential boundary would be LAeq,15 min of 40 dB(A) and this is well below the minimum noise criteria.

 

The two car stackers, as part of the Lane Cove Meeting House Redevelopment, would operate in accordance with Department of Community Service's guidelines and the acoustic requirements of Lane Cove Council, without loss of acoustic amenity to local residents.”

 

Council’s Environmental Health Officer has assessed the submitted acoustic report and indicated that the expected noise levels are to be below the noise criteria therefore no specific conditions are needed.

 

Neighbourhood Amenity     

 

Comment

 

The immediate locality is composed of residential flat buildings, many of which are significantly taller than the proposed development.  The proposal is setback from the street and landscaped.  It is considered that the building form of proposal is consistent with the immediate locality and as such would not have an adverse impact on the neighbourhood amenity.  The inclusion of a child care facility and community meetings rooms would add to the cultural and social amenity of this important neighbourhood.

 

Views 

 

Comment

 

The proposal is generally lower and wider than the controls under Lane Cove LEP 2009 seem to contemplate.  That is, the proposal is somewhat lower than the maximum permissible height limit.  Given the steeply sloping site and the proposed height of the development it is considered that views from the rear are largely unaffected.

 

The residential flat building next door may have some views toward the park reduced marginally.  Given that the site on which the majority of the proposed development is to be built is zoned to permit residential flat buildings it could be reasonably expected that development of the site would reduce views to a greater extent than proposed across the site from the buildings next door.  The proposal does not affect the views of the adjoining development to the street.

 


Parking and Traffic Impact 

 

Comment

 

As part of the development application a parking and traffic report was prepared by ‘McLaren Traffic Engineering’. Council’s traffic engineer has reviewed the submitted report and endorsed the proposed car parking provisions for the child care centre subject to strict measures to ensure efficient traffic flow and continued amenity. Also the proposed development was referred to the Lane Cove Traffic Committee for consideration and the Committee also endorsed the development. The proposed development complies with Council’s car parking requirements and vehicles enter and exit the site in a forward direction. It is considered unlikely that the traffic generation from the development would adversely impact the performance of intersections in the locality.

 

Public Domain

 

Comment

 

The proposal addresses the street adequately.  The front residential units face the street and have living areas and balconies that overlook the street and common areas.  The front of the site is proposed to be landscaped.

 

The child care centre and meeting room components of proposal occupies a small part of Goodlet Reserve in that a portion of the park would not be available for general public access.  The built form of the proposal integrates and addresses the public reserve.

 

The proposal removes an existing play structure and barbeque area.  It is considered that these must be replaced elsewhere in the remaining portion of Goodlet Reserve in addition to upgrading the park with improved pathways, landscaping and lighting in a manner that is not intrusive and pleasing to the eye.

 

Impact on Utility Services

                                                           

Comment

 

No adverse impact on utility services is expected.

 

Safety, Security and Crime Prevention    

 

Comment

 

It is considered that the proposal should not contribute to a deterioration of safety or security in the locality. As already mentioned the proposed mixed use building provides for a range of day and night time activities. The provision of residential uses should allow for casual surveillance of the development during the day and night time periods, and the ground level community use should allow surveillance of the site during business hours.  The site would form an area of activation and provide opportunity for social and community interaction which would increase the feeling of security through passive surveillance by community members using the facilities.

 


Impacts During Construction

 

Comment

 

The construction phase of any developments creates noise and traffic management impacts.  Although such would be short term they should be conditioned to ensure reasonable amenity in maintained for adjoining and nearby neighbours.  Of particular concern will be the hours of operation and efficient management of the construction site.  As such, if Council is to approve this proposal a number of specific draft conditions have been recommended to minimise any potential inconvenience to adjoining and nearby residents.  (See draft condition 23, 37 and 62).

 

No major impacts are anticipated that cannot be dealt with as conditions of consent.

 

Site Attributes Conducive to Development

 

Comment

 

The subject site is considered conducive to the development proposed. 

 

Social and Economic Impacts

 

Comment

 

It is envisaged that the proposed development should have a positive economic and social effect in relation to the creation of employment opportunities during the construction stage and after the development has been completed. In addition the proposed development would provide not only a valuable community facility in the area, but add value and added social and community amenity.

 

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

 

Having regard to the characteristics of the site and its location, the proposed development, is considered appropriate in that:-

 

·     The site is zoned appropriately to accommodate the proposal.

·     The proposal is consistent with the relevant zone objectives.

·     The size and dimensions of the land are appropriate for the accommodation of the proposed development.

·     The site is fully serviced by existing infrastructure.

·     There are no known constraints which would render the site unsuitable for the proposed development.

 

Section 79C(1)(d) any submissions made in accordance with this Act or the regulations.

Notification of application

 

The proposal was notified for a period of 28 days. Eleven (11) submissions were received.

 

The bases of the submissions are as follows:-

Submission

Comment

The increase in height will reduce afternoon sunlight and views to apartments in Helen Street at the rear of site.

This is not supported as the proposal is only 2 storeys at the rear and the existing apartments in Helen Street are on higher ground and significantly taller.  The proposal is significantly lower than the permissible height under Lane Cove LEP 2009.

There will be a significant increase in noise.

This is not supported, as there are already a significant number of residential flat buildings in the area.  The proposal is the last site to be developed in the immediate area.

The design of the building is more appropriate in a modern industrial complex or business park environment.  The proposal is not sympathetic to the existing streetscape.

The locality is composed of residential flat buildings, many of which are 40 years or older.  It is noted that the building is a more contemporary design.  The flat roof results in a lower height.  The streetscape is dominated by the substantial street tree planting.  The appearance of the proposal is considered acceptable. It should be noted that Council’s external urban designer has endorsed the appearance and design of the development.

Concern raised regarding noise from the stacking system of parking for residents.

As already noted a report form RSA Acoustics advises that the stacking system can operate satisfactorily without adverse impact on adjoining properties.

Questions the height of the building where it adjoins 29 –31 Stokes Street.

The height to the parapet varies from 6m at the rear of the proposed building to 10m at the front.

The proposal will add to the problem of limited car parking in Stokes Street.

The proposal provides sufficient car parking on site for the demand that it generates.  The Lane Cove Traffic Committee has endorsed the traffic and parking impacts of this proposal.

The hours of operation should be limited to 8pm.

It is considered unreasonable for the community facilities to be limited to 8pm.  A further limit would render the facility unusable by residents who work during the day.  It is considered that many community uses that cater for people who work or for young people still in education would not commence operation in the evening until about 7pm.  Accordingly this point cannot be supported.

Reduced privacy to adjoining residential flat building

It is considered that the proposal should not impact upon the privacy of adjoining residential flat buildings as the windows that face the adjoining property have shades on them so that it would not be possible to view directly to the adjoining dwellings.  It is considered that, as the development to the rear is on substantially higher ground that it would not suffer any reduced privacy.

Concern expressed on the loss of further community space in Goodlet Reserve. 

Council’s Social Plan has identified the need for the community facilities proposed.  Such is a permissible use in the Recreation Zone that covers Goodlet Reserve.  The use of a small part of Goodlet Reserve for a community facility and child care centre is a policy decision of Council.

Goodlet Reserve provides a convenient link between Helen and Stokes Streets, which is to  be maintained with the proposal.  If approved the Goodlet Reserve upgrade would be brought forward and expanded.

The proposal will result in the removal of more trees in the locality.

It is proposed to provide landscaping as part of the development. Council’ tree assessment officer has endorsed the removal of a limited number of trees and the proposed landscape replacement. (See draft conditions 39-56).

How does the car parking provision compare with that of the RTA Guide to Traffic Generating Developments?

The proposal complies with Council’s requirements and the Traffic Committee has advised that the local traffic would not be adversely affected.

 

Suggest addressing the existing traffic and car parking problems in Stokes Street as a condition of consent.

Any consent for the site can only address the impact that the proposed development may have on the locality.

Opposition expressed to the inclusion of residential development in the redevelopment of the site.

The inclusion of residential development is a permissible use in the R4 zone in which it is located.  The principle of including a residential component in the proposal is a policy decision of Council.

The proposal is an overdevelopment of the site.

The proposal does not exceed the maximum permissible height or floor space ratio for the site under Lane Cove LEP 2009, which has permitted greater emphasis on the provision of childcare and community facilities while minimising impacts on adjoining sites.

Reduction in the size of Goodlet Reserve would mean no room for replacing the existing play equipment.

It is considered that there is sufficient space to provide new play equipment as part of an upgrade of Goodlet Reserve.

Any redevelopment should remain within the footprint of the existing development and should not intrude into Goodlet Reserve.

The inclusion of residential development is a permissible use in the R4 zone in which it is located.  The residential component is wholly within then residential zone.  The principle of including a childcare and meeting room  component in the proposal is a policy decision of Council.

Opposition expressed to the provision of residential development in the meeting house redevelopment.  The property should only be used for the community.

The inclusion of residential development is a permissible use in the R4 zone in which it is located.  The principle of including a residential component in the proposal is a policy decision of Council.

Council requested to provide car-parking analysis.

Car parking requirements are contained in the Lane Cove DCP. The proposal complies with the DCP requirements.

How will pick up and drop off parking be handled for the child care centre?

Some users walk to the site.  As drop off and pick up times are staggered a significant peak usage increase is not expected.

Will the bus bay in front of the proposed building be operated 24/7 or at limited times?

The bus does not be operate 24/7 and is to be parked on the premises and not have an adverse impact on street car parking.

Will the barbeque stove and playground facilities in Goodlet Reserve be removed?

It is recommended that these be relocated and embellished within Goodlet Reserve.

The proposed child care centre will have less facilities that the existing one.

The proposal complies with Lane Cove DCP and with Department of Community Service's requirement for child care centres.  The centre would cater for 0-2 year olds, 2-3 and 3-5 year old age groups.

The proposed large rounded shape, geometric windows and red and blue colours of the proposed development are not compatible with the local streetscape.

It is noted that the proposal is of a contemporary design.  It is considered that the proposal, being a community facility, adjacent to a public park would be a local landmark in design.  Accordingly the proposed design, while distinctive from the other residential flat buildings in the street is acceptable. Council’s external urban designer has raised no objection to the appearance of the building.

Noted that the minimum size for a residential flat building is 1,500 sqm.

It is noted that the minimum site area for a residential flat building is greater than the area of the site allocated for the residential flat building component.  However the site is the last remaining parcel available for residential flat buildings in the immediate locality and should not be rendered undevelopable. The site is effectively an isolated site and its function and design are merit and objective compliant.

Council could achieve a 40-place child care centre and meeting house within the existing site but without the residential component.  Has a survey been taken that shows residents agree that a 40-place child care centre offsets the reduction of a park.

The provision of a child care centre on the site is consistent with the Council’s Social Plan and the range of permissible uses on the site.

Suggest reducing the number of car spaces to reduce the need for car stackers.

This is not supported as this would increase the demand for on street car parking.  The provision of the stackers is considered reasonable and unlikely to create a noise nuisance.

Suggest retaining the existing she-oaks and plant additional trees at the rear to improve privacy for adjoining residents.

It is considered that the removal of these trees is unavoidable.  However other major trees are to be retained as well as substantial planting around the perimeter of the site.

Unclear how high the building is in relation to adjoining properties.  The proposed walls appear to be 9.39m but the controls require 12m.

It is noted that the proposed building is less than the maximum height limit.

Views from the adjoining building in Stokes Street will have reduced views to Goodlet reserve.

The residential flat building next door may have views toward the park reduced marginally.  Given that the site on which the majority of the proposed development is to be built is zoned to permit residential flat buildings it could be reasonably expected that any development of the site would reduce views across the site from the buildings next door.  The proposal does not affect the views of the adjoining development to the street.

Object to hours of operation extending to 10:30pm, should be 10pm.

This is not supported as 10:30pm is considered a reasonable time for community uses to finish.

 

External Referrals 

 

The proposal was referred to the Lane Cove Traffic Committee for comment.  The committee considered the proposal and recommended as follows:-

 

“THAT Development Application 83/10 at 23-27 Stokes Street, Lane Cove be approved on traffic grounds, subject to the following conditions:-

 

1.   Construction Management Plan: A Construction Management Plan is to be lodged with Council’s Traffic Section for consideration by the Lane Cove Traffic Committee prior to the issuing of a Construction Certificate. Comments from the Traffic Committee could impact on the builder’s construction methodology. The Construction Management Plan should address issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles at the site, parking of vehicles associated with the construction, and any impacts on public transport, cyclists and pedestrians. Requests for any road occupancy certificate, including Work Zones, Permits to Stand Plant and Permits to Place Materials on the Footpath, should be considered as part of this process.

 

2.   Mechanical Vehicle Stackers: A caveat is to be placed on the proposed mechanical vehicle stacker that requires repairs to be undertaken within 24 hours of a breakdown.

 

3.   Car parking: The layout and dimensions of the proposed basement car park is to comply with AS2890.1 – Off-Street Car Parking. The adjacent car park area, outside of the basement is to comply with AS2890.2, to accommodate the bus movements. The proposed disabled car space is to comply with AS2890.6, specifically Figure 2.2.

 

4.   Child Care Parking Zone: A 15 Minute drop off/pick up zone should be provided in Stokes Street, outside the development, to cater for the Child Care Centre. The zone is to be 12 metres in length and is to operate at the start/finish times (approx. 7am-9am and 4pm-6pm, weekdays) of the child care centre. The signage is to be installed prior to the issue of the Occupation Certificate. The cost for signage is to be borne by the applicant.”

 

Internal Referrals

 

Lane Cove Access Committee

 

The proposed development was referred to the Lane Cove Access Committee on 28 June 2010 for comment. The committee has endorsed the proposal.  

 


Traffic Manager

 

The Traffic Manager has endorsed the proposal subject to specific conditions as included in this report.

 

Environmental Health Officer

 

Council’s Environmental Health Officer has advised as follows:-

 

“The acoustic report identified that noise emissions from the use of the childcare centre will exceed the relevant EPA criteria without mitigation measures being implemented.  The report also makes a number of recommendations with respect to appropriate noise mitigation measures as follows:-

 

·     The floors of the units and Child Care centre should have an Ln, Tw+Ci rating of 50dB or lower.

·     The window glazing along the sides of the internal play activity area should have a minimum Rw rating of 27 dB, with minimum Rw ratings of 23 dB acceptable elsewhere;

·     A 1.8m high fence installed along the north eastern side of the external activity area with the outdoor area of the proposed units and along the rear boundary with the existing block of units.  The fences must have a Rw rating of 25dB o greater;

·     Units overlooking the external activity area must have 1.6m high barriers installed to the balconies;

·     Units overlooking the external activity area need to keep windows closed;

·     Windows and internal doors of the childcare centre must remain closed;

·     Appropriate signage installed to inform staff, parents and guardians to arrive and depart in a quiet and orderly manner with consideration for neighbours;

·     Active involvement of staff to regulate the noise levels from children playing in the external educational play activity area.

 

Whilst designed to mitigate noise from the child care centre, it is considered that a number of the recommendations would impose unacceptable restrictions on the use of the both the units & the child care centre.  Recommendations imposing unacceptable restrictions include the requirement for:-

 

·     Units overlooking the external activity area to have a 1.6m high barrier installed on the balcony;

·     Units overlooking the external activity area must keep windows closed; &

·     Windows and internal doors of the childcare centre must remain closed.

 

Further, the acoustic report makes general statements regarding the need for staff to regulate noise levels of children playing and staff, parents etc to arrive and depart the premises in a quiet and orderly manner. 

 

Food

 

The plans indicate that there are kitchens for both the childcare centre & the community centre.  No detailed plans are provided showing the design and layout of the kitchens.  Full design details of the proposed kitchens are required to be submitted to Council prior to construction including equipment, mechanical ventilation & grease traps etc.”

 

Development Engineer

 

The Development Engineer has endorsed the proposal subject to specific conditions, as detailed in the draft conditions.

 


Tree Assessment Officer

 

The Tree Assessment has endorsed the proposal, in relation to the limited removal of trees and replacement landscaping.

 

Tree protection of a number of trees is however required as detailed in the draft conditions (See draft conditions 47,48 and 49).

 

Objection raised to the proposed relocation of the pedestrian pathway between the 2 large trees in Goodlet Reserve.  Evacuation for this path may unnecessarily damage the root system of both trees.  The pathway could be relocated between the jacaranda tree shown at RL 71.1 and the Plum pine shown at RL 70.96 where excavation should have less impact one existing trees in the Reserve.  This would also put the path next to the existing bubbler.

 

Imposition of conditions also required, as detailed in the draft conditions.

 

Manager Community Services

 

Support expressed for the proposal as it:-

 

·     Upgrades a community facility, which is outmoded and out of date.

·     Delivers much needed child care, particularly in the 0 – 2 age group.

·     Provides housing in the area, which includes one visitor accessible and one adaptable unit.

 

It is noted that it is consistent with the needs identified with Council’s Social Plan and adds to the resource and service provision of the area. The Manager of Community Services has requested that before the Construction Certificate is issued, the final plans shall be referred to Council’s Access Consultant for approval. An appropriate condition shall be imposed.  (See draft condition 10).          

 

Building Surveyor

 

No objections raised subject to compliance with the requirements of the BCA.  (See draft condition 16).

 

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

 

The proposal provides a new community use in the form of a community meeting room and child care centre.  The public interest is the balance between losing some space that is open to all residents and provision of a facility that would serve only a section of the community.  Council’s social plan contemplates the provision of such in order to benefit residents of Lane Cove.  The proposal is permissible in the zone. 

 

It is considered that the public interest can be improved by requiring the further embellishment of Goodlet Reserve by replacing those facilities displaced by the development and bring forward and expanding the Goodlet Reserve upgrade to coincide with the occupation of these facilities.

 

Section 94 Contributions

 

The development is affected by Council’s Section 94 Plan.  Under the Plan, the contribution for the residential component of the development is based on the following:-

 

·     3x3 bedroom dwellings @ 2.8 people per occupancy = 8.4 people.

·     3x2 bedroom dwellings @ 2 people per occupancy    = 6 people.

 

Total = 14.4 x contribution rate of $8595.00 = a total contribution of $123,768.00.

 

 

 

CONCLUSION

 

All relevant planning matters have been taken into consideration in the preparation of this proposal.

 

The proposal is a permissible form of development within the R4 High Density Residential and RE1 Public Recreation Zones and generally satisfies Council’s relevant planning standards and controls. The proposed development satisfies the general objectives and zone objectives of Lane Cove Local Environmental Plan 2009. The proposed development generally conforms to the ‘Design Quality Principles’ under State Environmental Planning Policy No 65 and a high quality mixed use development is to be constructed on the site.

 

The proposed development provides a modern and high standard of development within the area compared to the outdated and unattractive dwelling houses on the subject land. It is considered that the proposed development is compatible with existing developments in the area in terms of height, bulk, scale, materials, textures and colours. It is considered that the proposal would enhance the area and provide a development, which fits comfortably within the existing streetscape.

 

It is considered that the proposed development would have a positive effect on the social and economic environment of the area.  The increased use of multi-unit housing forms in established areas contributes to more efficient land use and servicing and potentially to lower housing costs. The development would provide employment opportunities during and after the construction stage. Also the proposal should generate an increase in residential facilities and population, which in turn supports the functions of the nearby Lane Cove Town Centre, in particular the retail sector. The proposed development provides an appropriate mix of housing in the area and it contributes to the wider choice of housing within the Lane Cove Local Government Area. The proposed development  provides valuable community facilities (child care centre & community rooms) in this valued area of Lane Cove.

 

The proposal has been assessed on its merits and in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 and is considered satisfactory. Accordingly it is recommended that the application be approved subject to conditions of consent.

 

 

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 No 83/10 for demolition of existing buildings and construction of a mixed residential (6 units), child care centre (40 children) and community meeting rooms development with associated car parking and landscaping on Lots 12 – 14 DP 6874 and known as Nos 23-27 Stokes Street, Lane Cove subject to the following conditions:-

Plans

 

1.         (20) That the development be generally in accordance with drawing numbers DA 00 C-DA 07 C, DA 08 A except where amended by the following conditions.

 

Specific

 

2.         A motorcycle parking space shall be provided for the development in accordance with the requirements of the DCP.  Details to be provided with the Construction Certificate.

3.         A bicycle locker shall be provided for the development in accordance with the requirements of the DCP.  Details to be provided with the Construction Certificate

 

4.         The pram storage lobby area on the basement level shall be widened as detailed in the SEPP 65 assessment.  Details to be provided with the Construction Certificate

 

5.         The applicant shall provide details to the satisfaction of Council in respect to improving the safety and security around the garbage storage area as detailed in the SEPP 65 assessment.

 

6.         Climbing equipment shall be provided for the child care centre. Outdoor areas should include a variety of surfaces such as soft-fall, grass, and sand, hard paving and mounting. The child care centre should aim for 30% natural area (excluding turf), 30% turfed area and 40% surfaces (including sand “soft fall”, paving and timber platforms).

 

7.         Access should be in accordance with Australian Standard 1428.1 to 4 and comply with Part D of the Building Code of Australia.  Details to be provided with the Construction Certificate.

 

8.         Surface details within the child care centre shall be provided with the Construction Certificate.

 

9.         A Section J report shall be provided for the child care centre and community rooms. This is to be submitted with the Construction Certificate.

 

10.       Details of compliance with Council’s Access requirements to be provided with the Construction Certificate.  A copy to be provided to Council’s Manager Community Services for information.

 

General

 

11.       The upgrading and refurbishment works in Goodlet Reserve shall be scheduled to commence during 2011 and will be completed prior to the occupation of the residential units.

 

12.       Council will retain ownership of the community and child care centre areas.  Common areas in any future strata title will not include any community land.

 

13.       The hours of operation shall be limited to 7am to 6pm for the child care centre and from 7am to 10.30pm for the meeting rooms.

 

14.       The child care centre shall be restricted to 40 children.

 

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

 

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

 

 

17.       (3) If there is a change of building use the provisions of Clause 78B of the Environmental Planning and Assessment Regulation 1998 must be complied with.

 

18.       (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.

19.       (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.

 

20.       (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.

 

21.       (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 14.4 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $123,768.00 AT THE CURRENT RATE OF $8595.00 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

 

22.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

23.       (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.

 

24.       (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.

 

25.       (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.

 

26.       (38) All advertising signs/structures being the subject of a separate development application.

 

27.       (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.

 

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

 

29.       (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.

 

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

 

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.       (124) Submission of a Waste Management Plan detailing the types and approximate quantities of weekly waste produced on site, whether it is liquid, solid or gas; and the collection and disposal agreements for all recyclable materials including paper, cardboard, metal, oil, aluminium, P.E.T. and glass.

 

36.       (125)  Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material.  The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

37.       (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.

 

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

 

Tree Assessment Conditions

 

39.       The proposed Landscape Plan must be amended Prior to issue of the Construction             Certificate to show the following changes to the pedestrian footpath in Goodlet Reserve.             The existing path must be retained from the east side of the Reserve until R.L 72.27 on the             Survey Plan. From this point it must be directed centrally between the Jacaranda tree             shown at RL 71.10 and the Plum pine shown at RL 70.96.  The pedestrian Path leading into             the rear of the proposed complex from Goodlet Reserve must have a setback distance of at             least 3 m from the edge of the trunk of the Brushbox tree at ground level. All changes to the             pedestrian path must be completed prior to commencement of any further works.

 

40.       The proposed Landscape Concept Plan must be amended to show the above-mentioned changes prior to issue of the construction Certificate.

 

41.       No drainage lines are allowed in Tree Protection Areas. The sub surface drainage lines shown to be within the Tree Protection Zone of the three (3) trees located in the southwest corner of the allotment must be deleted from the drainage Plan.  

 

42.       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.

 

43.       Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

 

44.       Pruning of publicly owned trees shall only be undertaken by Council’s arborists.

 

45.       Irrespective of this consent permission from Council must be obtained for the pruning of any trees not designated for removal, including the cutting of any tree roots greater than 40 mm in diameter.

 

46.       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.

47.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2 m from the trunk of the Cape chestnut street tree and the Casuarina tree located at the front of the allotment. 

 

48.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 5 m distance from the trunks of the following trees; the two (2) Blackbutt trees and one (1) Brushbox tree located in the southeast corner of the site. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced areas shall remain undisturbed, save excavation for the 0 -2 Play Area, this excavation is allowed.

 

49.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 6 m distance from the trunk of the Sydney blue gum tree located at the rear of the site and standing adjacent to the dividing fence. The fenced areas shall not be used for the storage of building materials, machinery, site sheds and the soil levels within the fenced area shall remain undisturbed.

 

50.       A waterproof sign must be placed at 3 m intervals on each tree protection zone stating  ‘NO ENTRY TREE PROTECTION AREA – 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.

 

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

 

52.       Footing, trench, or excavation that is within 3 m of any tree greater than 4 m in height including neighbouring trees must be dug using hand held tolls only with no tree roots greater than 40mm diameter to be damaged or severed.

 

53.       There must be no soil disturbance within the tree protection zones, including any activities associated with construction or excavation for drainage and other service lines save Landscaping works.  All Landscaping works within Tree Protection zones must be carried out using hand tools only. No bulk or strip excavation is permitted in Tree Protection Zones except for the 0-2 Play Area.

 

54.       There must not be any stockpiling of building materials or other materials or dumping of refuse within the approved tree protection zones of the trees shown on the approved landscape plan to be retained.

 

55.       There is to be no strip or bulk excavation to occur within 5 m distance of any tree greater than 4 m tall, including trees on neighbouring properties.

 

56.       Any exposed roots on the soil surface along any trench line must be protected by covering with geo textile fabric that must be kept moist at all times. 

 

Environmental Health Conditions for Food Premises – Child Care Centre and Community Facility

 

57.       Construction and Fit out of Food Premises

 

      To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:-

 

a)   Food Act 2003 & Food Regulations 2004.

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3.

c)   Sydney Water Corporation – Trade Waste Section.

d)   The Protection of the Environment Operations Act 1997.

e)   Australian Standard AS 1668 Part 1 & 2.

f)    The Building Code of Australia.

58.       The design and construction of food premises must comply with the following requirements, as applicable:-

·           The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.

·           Walls and ceilings are to be solidly constructed to prevent harbourage of pests.  They are to be finished with impervious sealed materials, which are able to be easily and effectively cleaned. 

·           All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.

·           Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

·           To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:-

a)         The Building Code of Australia.

b)         AS 1668 Part 1 and 2 – 1991.

c)         Protection of the Environment Operations Act 1997.

·           A designated hand washbasin is required in the kitchen, with hot and cold water through a single outlet and provided with liquid soap and paper towels.

·           A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

 

59.       Food Shop Notification Requirement

 

Occupation of the premises shall not occur until:-

 

a)         Notification of the business details has been forwarded to the NSW Food Authority.  This requirement may be met through the following website: http://www.foodnotify.nsw.gov.au.

 

60.       Final Inspection (Food Premises)

 

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before the issuing of the occupation certificate.

 

B.        Noise

 

61.       Proposed use and Operation of Plant and Equipment

 

The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000).

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

Additional Conditions

 

·   The floors of the units and Child Care centre should have a Ln, Tw+Ci rating of 50dB or lower;

·   The window glazing along the sides of the internal play activity area should have a minimum Rw rating of 27 dB, with minimum Rw ratings of 23 dB acceptable elsewhere;

·   A 1.8m high fence installed along the north eastern side of the external activity area with the outdoor area of the proposed units and along the rear boundary with the existing block of units.  The fences must have a Rw rating of 25dB o greater;

·   Units overlooking the external activity area must have 1.6m high barriers installed to the balconies;

·   Units overlooking the external activity area need to keep windows closed;

·   Windows and internal doors of the childcare centre must remain closed;

·   Appropriate signage installed to inform staff, parents and guardians to arrive and depart in a quiet and orderly manner with consideration for neighbours;

·   Active involvement of staff to regulate the noise levels from children playing in the external educational play activity area.

 

Traffic Conditions from Lane Cove Traffic Committee

 

62.       Construction Management Plan: A Construction Management Plan is to be lodged with Council’s Traffic Section for consideration by the Lane Cove Traffic Committee prior to the issuing of a Construction Certificate. Comments from the Traffic Committee could impact on the builder’s construction methodology. The Construction Management Plan should address issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles at the site, parking of vehicles associated with the construction, and any impacts on public transport, cyclists and pedestrians. Requests for any road occupancy certificate, including Work Zones, Permits to Stand Plant and Permits to Place Materials on the Footpath, should be considered as part of this process.

 

63.       Mechanical Vehicle Stackers: A caveat is to be placed on the proposed mechanical vehicle stacker that requires repairs to be undertaken within 24 hours of a breakdown.

 

64.       Car parking: The layout and dimensions of the proposed basement car park is to comply with AS2890.1 – Off-Street Car Parking. The adjacent car park area, outside of the basement is to comply with AS2890.2, to accommodate the bus movements. The proposed disabled car space is to comply with AS2890.6, specifically Figure 2.2.

 

65.       Child Care Parking Zone: A 15 Minute drop off/pick up zone should be provided in Stokes Street , outside the development, to cater for the Child Care Centre. The zone is to be 12 metres in length and is to operate at the start/finish times (approx. 7am-9am and 4pm-6pm, weekdays) of the child care centre. The signage is to be installed prior to the issue of the Occupation Certificate. The cost for signage is to be borne by the applicant.

 

Engineering Conditions

 

66.       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.

 

67.       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. 

 

(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.

 

68.       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.

 

69.       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.

 

70.       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.

 

71.       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’.

 

72.       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.

 

73.       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.

 

74.       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.

 

75.       Safety fence along the boundary of the property: Before commencement of any works, barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath.

 

76.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

77.       On-Site Stormwater Detention System - Marker Plate.  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

 

78.       On-Site Stormwater Detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

79.       Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

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

Note:

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

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

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

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

81.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan SY060452 pages H2.01 issue B H1.01 & H2.02 issue A prepared by ACOR Consultants dated December 07.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

 

82.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

83.       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

 

84.       Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

(a)  seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)  detail what measures are to be taken to protect those properties from undermining  during construction

(c)  provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

 

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

 

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

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

85.       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:

- Turning circles for access to all parking spaces.

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

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

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

 

86.       Car parking Certification: The plans and supporting calculations of the internal driveway, turning areas, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

87.       Replacement of Vehicular Crossing. The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of commercial 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.

 

88.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $10,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

89.       Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan numbered H1.01 issue A prepared by ACOR Consultants and dated December 07.The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

90.       Positive Covenant OSD: Documents giving effect to the creation of a positive covenant over the on site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with Council’s DCP-Stormwater management.

 

91.       Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Council’s DCP-Stormwater management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:-

(a)  be signed by a registered surveyor; and

(b)  Clearly show the surveyor’s name and the date of signature.

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

92.       Redundant Gutter Crossing: All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page