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Agenda

Planning and Building Committee

Meeting

6 September 2010, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee, to be held in the Council Chambers on Monday 6 September 2010 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 

 


Planning and Building Committee 6 September 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING – 19 JULY 2010

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 337

SUBJECT: 26 River Road West, Longueville

 

3.       Environmental Services Division Report No. 346

SUBJECT: 6 Innes Rd, Greenwich  

 

 

 

                      


Planning and Building Committee Meeting 6 September 2010

 

Environmental Services Division Report No. 337

 

 

 

 

 

Reference:    Environmental Services Division Report No. 337

Subject:          26 River Road West, Longueville    

Record No:    DA10/11-01 - 31219/10

Author(s):       Andrew Thomas 

 

 

Property:                     26 River Road West, Longueville

 

DA No:                         D11/10

 

Date Lodged:              1 February 2010.  Revised 20 April and 13 July 2010.

 

Cost of Work:              $49,000

 

Owner:                                    J and S Craven - Sands

 

Applicant:                    Johannes and Sascha Craven - Sands

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the basement floor level of the existing dwelling house, boundary fences; construction of a swimming pool and a retaining wall.

ZONE

Residential 2(a1) under LEP1987.

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

 

Yes

IS THE PROPERTY A HERITAGE ITEM?

No, but at the rear of the site is Warraroon Reserve that is a landscape item of local heritage significance under the Lane Cove LEP 1987.

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

Yes  

BCA CLASSIFICATION

Class 1a and 10b

STOP THE CLOCK USED

Yes:   10.3.10 – 20.4.10 ; and  29.6.10 – 13.7.10

NOTIFICATION

Neighbours                              22,24,28,82,84 and 86 River   Road West;  95 Austin Street.

Ward Councillors                    Central

Progress Association             Lane Cove Bushland and     Conservation Society

Other Interest Groups             N/A

 

REASON FOR REFERRAL:

 

This application has been called to the Planning and Building Committee by Councillor Smith over her own concerns and concerns raised by the owners of a property adjoining the site.

 

EXECUTIVE SUMMARY:

 

·     The development application was submitted prior to the gazettal of Lane Cove LEP 2009 and is therefore subject to Lane Cove LEP 1987 and the associated Dwelling House Code,2002 (the Code).

·     The development application seeks approval for:

·     excavations at the rear of the lower basement level of the dwelling house to create a rumpus room with a window on each side;

·     an automatically controlled roller door across the existing driveway setback 900mm from the front boundary and with a maximum height of 3.1m;

·     a front gate on the north-western corner of the front boundary, up to 2.1m high and setback 1.8m from the front boundary attached to a proposed timber fence up to 2m high and with a 4.8m long return along the site’s west side boundary;

·     a partly elevated swimming pool adjacent to the rear of the dwelling house with a maximum depth of 1.8m and setback 8m from the rear boundary and 450mm from the west side boundary and 8m from the eastern boundary, and changes to the existing west side boundary fence so as to provide a privacy screen in the vicinity of the pool; and

·     a stone retaining wall 500mm high and 10.7m in length erected above and behind an existing stone wall of approximately the same height along the rear boundary and returning for a distance of 6m along the west boundary; the area behind the wall would be backfilled by up to 500mm to create a level area adjoining the base of the pool; the existing metal fence would be increased in height so that it would be 1m above the height of the proposed retaining wall and 1.4m above the height of the existing stone wall.

 

·     The proposed swimming pool was located close to the rear boundary. This application drew one letter of support from a neighbour and one letter of objection from the Lane Cove Bushland Society. 

·     The proposal contravened the 10m rear buffer to bushland requirement of DCP 1, and the pool location was revised and its setback from the rear boundary was increased to 8m.This revised proposal was renotified in April and drew another letter of support from the same neighbour.

·     The application was discussed with the objectors on a number of occasions, and additional details and modified plans were provided by the applicant.

·     Although the revised pool does not comply with the minimum 10m buffer setback from the adjoining bushland under Council’s Bushland DCP Council’s Open Space staff support the proposal.

·     The proposal also does not comply with the Code in relation to the extent of excavation under the dwelling house; the height, setback and design of the roller door; the height of a side fence; and the side setback of part of the pool.

·     Despite the concerns raised by one adjoining owner and the Lane Cove Bushland Society, the owners on the west side of the site and the owners of a nearby property have confirmed their support of the proposal in writing.

·     Overall the revised proposal is a reasonable development and this report recommends its approval subject to a deferred commencement consent that requires the submission of a geotechnical report to determine the likely impact of the excavation required for the pool on the stability of a rock overhang/cave located under the rear part of the site.

 

SITE:

 

The subject site is an irregular shaped lot that has a frontage of 15.24m to River Road West, a rear boundary of 17.49m and an area of 581m2. The site is located on the south side of River Road West and opposite the intersection with Austin Street.

 

The site has a fall of 8m from its front to its rear boundary and a slight cross fall from east to west. The site’s front yard is located behind a rendered brick front fence and is generally tiled and used for car parking. The rear yard is partly grassed and includes rock outcrops and small trees and bushes. The rear yard has a timber paling fence along each side boundary and a metal palisade fence at the rear boundary which allows an outlook of Warraroon Reserve.

 

Existing development on the site comprises a part single and part 2 storey dwelling house with attached rear decks at both levels and a double carport with a skillion roof that is attached to the front fence.

 

Adjoining at 24 and 28 River Road West, are dwelling houses. The locality is residential.   Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The revised development application, subject of this report, is for alterations and additions to the dwelling house, front, side and rear fences, and construction of a swimming pool and retaining wall in the rear yard. Details of the proposal include the following:-

 

·     excavations at the rear of the lower basement level to create a rumpus room with a window on each side;

·     an automatically controlled roller door across the existing driveway setback 900mm from the front boundary and with a maximum height of 3.1m;

·     a front gate up to 2.1m high and setback 1.8m from the front boundary attached to a proposed timber fence up to 2m high and with a 4.8m long return along the site’s west side boundary;

·     a partly elevated swimming pool adjacent to the rear of the dwelling house with a maximum depth of 1.8m and setback 8m from the rear boundary and 450mm from the west side boundary, and changes to the existing west side boundary fence so as to provide a privacy screen in the vicinity of the pool; and

·     a stone retaining wall 500mm high and 10.7m in length erected above and behind an existing stone wall of approximately the same height along the rear boundary and returning for a distance of 6m along the west boundary; the area behind the wall would be backfilled by up to 500mm to create a level area adjoining the base of the pool; the existing metal fence would be increased in height so that it would be 1m above the height of the proposed retaining wall and 1.4m above the height of the existing stone wall.

 

PREVIOUS APPROVALS/HISTORY:

 

BA 175/97: for alterations and additions that included:-

 

·     the conversion of an attached single garage into a storeroom;

·     the demolition of part of a front verandah;

·     the erection of a double carport in the front yard;

·     the erection of a front fence;

·     the erection of a 2 storey rear verandah with the upper level including a pergola.

 

This development was approved by Council’s Planning and Building Committee at its meeting on 21 July 1997and a building approval issued on 23 July 1997.

 

An amendment to this development was granted on 12 October 1998.

 


PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (581m2)

 

TABLE 1 : DWELLING HOUSE

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.38:1

0.5:1

Yes

Soft Landscaped Area            (min)

>42%

35%

Yes

Side Boundary Setback

            (min)

Unchanged

1.2m : single storey

          1.5m : 2 storey

Yes

Overall Height             (max)

Unchanged

9.5m

-

Ceiling Height  (max)

Unchanged

7m

-

No of Storeys (max)

Unchanged

2

-

Building Line    (max)

Unchanged

-

-

Cut and Fill     (max)

Cut : 1.7m

Fill : <1m

1m

1m

No

Yes

Deck/Balcony width    (max)

Unchanged

3m (if elevated by >1m)

-

Solar Access  (min)

Unchanged

3 hours to north elevation

-

BASIX Certificate

N/A

Required

-

 

 

TABLE 2 : FRONT FENCE (Roller shutter door, gate and front side fence return)

 

 

PROPOSED

CODE

COMPLIES

Height (max)

Roller shutter: 2.9m -  3.1m

Gate: 2m – 2.1m

Side  front fence: 1.8-2m

900mm

 

900mm

900mm

No

 

No

No

% Open Where > 900mm in Height  (min)

Roller shutter : nil

Gate : nil

50%

N/A due to setback of 1.8m

No

-

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

Roller shutter : 900mm

Gate : 1.8m

1m

 

1m

No

 

Yes

Splays

Not required

1m

-

 

TABLE 3 : SWIMMING POOL

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

5m

3m

Yes

Setback from boundary if concourse is <500mm above natural ground level  (min)

1050mm

 

450mm

 

 

900mm from internal face of pool

450mm from edge of concourse

Yes

 

Yes

Setback from boundary if concourse is >500mm above natural ground level  (min)

450mm

900mm from edge of concourse

No

Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space   (min)

8m (i.e. from rear boundary)

1:1 setback measured from concourse edge

Yes

Height (max)

920mm

1800mm

Yes

Setback if height is >1800mm (min)

N/A

1:1 setback measured from concourse edge

-

Screening of facade where > 1m above ground level?

Yes

Screening required

Addressed by draft condition 45

 

 

 

REFERRALS:

 

Development Engineer

 

The Development Engineer has advised that the site falls within Council’s on-site detention exclusion area and has required that all proposed impervious areas be connected to the existing drainage system. Draft conditions of consent have been suggested that include pool construction and sediment and erosion control measures. (See draft conditions 56-71).

 

Manager Open Space/ Assistant Bushland Manager/Tree Assessment Officer(Open Space staff)

 

Council’s Manager Open Space has advised that the revised location of the proposed pool is satisfactory. Draft conditions of consent have been provided which include the protection of any Aboriginal sites and a neighbour’s trees (by way of an exclusion zone), and restrict the soil depth behind the proposed retaining wall along part of the rear and common west side boundaries. (See draft conditions 45-55).

 

Traffic Manager

 

The Traffic Manager has advised:-

 

·     that the driveway width of 3.683m complies with the current Australian Standard; and

·     that the proposed automatic roller door would provide better access than a gate and is  more acceptable.  That being said the existing access arrangements appear satisfactory.

 

Officers Comment

 

A vehicle cannot fully stand on the driveway crossing with the proposed automatic roller shutter closed, as the distance from the edge of the kerb to the proposed shutter would be no more than 4m and this is inadequate for a vehicle to wait for the door to open.  The roller shutter is accordingly not supported. 

 

Other: Rural Fire Service

 

The site is identified on Council’s maps as being “Bushfire Prone Land - Vegetation Buffer 100m and 30m”.   The application was accordingly referred to the Rural Fire Service.  The RFS has provided conditions which have been incorporated as draft conditions, should the application be approved.  The RFS require the upgrading of the existing building to improve ember protection and the new construction to comply with the current Australian Standard.  (See draft conditions 6-11).

 

ASSESSMENT

 

Notwithstanding the recent gazettal of the Lane Cove LEP 2009 this application was submitted under the provisions of the Lane Cove LEP 1987 and Council is required to assess and determine such applications under the planning controls in force at the time of lodgement, being LEP 1987 and the Dwelling House Code, August 2002.

 

Lane Cove LOCAL Environmental Plan 1987 (the LEP) (s.79C(1)(a))

 

(i)    Zone

 

The proposed works are ancillary to a dwelling house and are permissible in the zone.  Subject to the suggested draft conditions, the proposal would satisfy the relevant objective of the Residential 2(a1) Zone which is to retain and where appropriate improve the existing residential amenity of a detached single family dwelling area.

(ii)   Heritage

 

Council’s Open Space staff have considered the proposal and agreed to the 8m setback from the rear boundary.  The setback and native planting of the rear section of the property (see draft condition 45) reduces any visual impact of the proposal when viewed from the landscape heritage item (Warraroon Reserve). 

 

Other Planning Instruments

 

State Environmental Planning Policy 19: Bushland in Urban Areas (SEPP 19) and Council’s Development Control Plan No. 1: Control of Development Adjacent to Bushland (DCP 1)

 

Subject to a deferred development consent to ensure that there would be no adverse impact on the rock overhang/cave at the rear of the site, the proposal would satisfy the aims and objectives of SEPP 19 because it would not threaten bushland on the site or on adjoining sites, including the reserve.

 

Council’s Open Space staff state that whilst DCP1 recommends a minimum buffer zone of 10m between proposed works and bushland this setback is not possible on the site; however the revised application, which relocates the pool adjacent to the dwelling house and sets it back 8m  from the rear boundary, is satisfactory.

 

The plans include proposed planting and fill between the rear of the pool and the site’s rear boundary. Council’s Open Space staff have required the area be planted with species to be indigenous to the reserve.  A draft condition has also been recommended that would limit the extent of fill in this area. (See draft condition 55).  Subject to the inclusion of these two draft matters the visual impact of the pool can be addressed.

 

State Environmental Planning Policy 55: Remediation of Land (SEPP 55)

 

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

 

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

 

Subject to the draft conditions recommended by Council’s Open Space staff, the scale and location of the proposed works do not raise any issues with either the SREP 2005 or the DCP 2005.

 

Applicable Regulation

 

The proposal involves some demolition that includes the removal of brickwork for proposed windows. The Environmental Planning and Assessment Regulation 2000 prescribes safety standards for demolition and compliance with AS 2601 -2001. Draft condition 40 is included to address this requirement.

 

Variations to Council’s Codes/PolicIes (sections 79c(1)(b)and (1)(c))

 

The preceding policy assessment tables identify those controls that the proposal would not comply with under the Dwelling House Code, August 2002 (the Code). Each departure is discussed below.

 

Table 1: Dwelling House

 

Although the proposal would exceed the maximum cut (excavation) allowed of 1m by a further 700mm, no objection is raised to this non – compliance for the following reasons:

 

·     the numerical difference of 700mm is not significant given that the excavation would occur under the existing dwelling house;

·     the amenity of both adjoining property owners would not be affected; 

·     the amenity of the occupants would be improved by the additional floor space without creating (subject to draft  engineering conditions to address drainage) any adverse impact on either adjoining property owner or on the site; and

·     the proposal is significantly under the permitted floor space ratio for the site.

 

Table  2: Front Fence/ Roller Shutter

 

The roller shutter over the existing driveway exceeds the overall height maximum for front fences on River Road West.  Accordingly the structure is not supported and is suggested for deletion (see draft condition 4). 

 

The roller shutter would not comply with the required front boundary setback.

 

In relation to the side fence return on the western side boundary, the maximum height permitted is 900mm.  The proposed fence is between 1.8m and 2m in height (highest at furthest from street).  The variation is supported for the following reasons:

 

·     it would be consistent with the existing front fence  wall height and is consistent with the aim of the Code with regard to allowing higher front fences on heavily trafficked streets;

·     the fence would not result in reduced visibility for vehicles entering or leaving the subject site or the neighbouring site; and

·     the adjoining property owners have agreed to the fence height in writing.

 

Table  3: Swimming Pool

 

The majority of the proposed pool complies with the setback from the western side boundary.  Due to the site’s fall a section less than 1m in length at the rear south-western corner of the pool would not comply with the setback minimum of 900mm from the site’s west side boundary. No objection is raised to the non – compliance because of its minor nature and the adjoining property owners having written to confirm their support of the proposal.

 

Impacts

 

Although the proposal would reduce the site’s landscaped area the remaining area would exceed the minimum 35% required and no significant trees would be removed. Draft condition 54 has been recommended by Council’s Open Space staff requiring a neighbour’s trees to be protected.

 

The proposed works to the existing dwelling house would have a benign impact on both adjoining owners. The proposed works to the front fence are not supported and have been suggested for deletion (see draft condition 4).  The proposed pool would not have an adverse impact on the adjoining owners or on the reserve. 

 

RESPONSE TO NOTIFICATION

 

Four submissions were received in response to the notification of the development application: two  support the development and two raise concerns. The concerns raised in the two submissions are summarised and discussed below.

 

1.         Swimming Pools

 

Object to pools in times of reduce rainfall and water shortages, especially because there is no indication of how its water level could be maintained.

 

Comment

 

The State government has introduced a Policy requiring water saving devices for pools with a capacity above 40,000 litres. The proposed pool does not fall into this category because its capacity would be 27,000 litres. The applicant is entitled to install a pool until legislation requires otherwise.

 

2.         Pool Setback

 

Would set a precedent because it would be within 10m of the bushland and 2.5m above ground level. Should be made to comply, and requires details of natural screening.

 

Comment

 

The pool’s increased setback of 8m places it adjacent to the dwelling house and its concourse within 1m of ground level.  Council’s Open Space staff are satisfied with the position of the pool and have   conditioned that the area between the pool and the rear boundary be landscaped with indigenous plants and any backfilling restricted.  Each application must be assessed on its individual merit and against its particular site constraints.

 

3.         Survey

 

Provision of survey details and opportunity to comment.

 

Comment

 

A survey was requested and submitted by the applicant and this was reviewed by the adjoining property owners.  The latest revision to the proposal includes plans based on that survey. Council notified both neighbours and the Bushland Society of these plans for the usual period of 14 days. This period was subsequently extended to the objectors by a further 4 days.

 

4.         Setbacks

 

Front setback shown as 900mm at eastern corner and drive but is 800mm and reduces sweep for our footpath crossing. Council should know where boundary is for assessment purposes.

 

Comment 

 

Scaled off the survey the main section of the existing front wall is setback between 700mm and 800mm.

 


5.         Roller Door and Access

 

With an overall height of between 2.9m and 3.1m, and a variable setback of between 500mm and 800mm, would not be in keeping with others and would look like a factory entry. Request it is conditioned to be constructed of metal wire and a see – through design.

 

The front fence was not constructed in accordance with the approved plans (i.e. BA 175/97) including the width of the driveway: the approved 4.3m wide opening has been reduced to 3.65m. Initially this did not cause us a problem. Current owners’ use of 3 vehicles creates an access problem which could be addressed by converting the front ground floor storeroom back into a garage.

Should Council attempt to solve this problem by altering what has been provided for as our exclusive use would consider Council would have failed in its duty of care by not allowing safe passage for pedestrians, altering the amenity of the street (by not reinstating the nature strip) and not providing safe access in and out of our site because our crossing is already impeded by a power pole and the setback of the wall.

 

Comment

 

The roller shutter to the driveway entrance is not in keeping with the Code’s maximum height limit for front fences and as such has been suggested for deletion.

 

In 2003, Council issued an Occupation Certificate for the works approved under BA175/97 and therefore has accepted the reduction in the width of the approved driveway.

 

Current standards do not require increased sight lines beyond the existing configuration for a single dwelling residential property.

 

6.         Hopper Window

 

An inward opening window would be inadequate to address mutual privacy concerns. Request window is either fixed with opaque glass, or it includes a privacy measure.

 

Comment

 

The window is located in the basement level of the existing dwelling house and at a lower level to the adjoining property.  Since hopper windows open outwards the applicant could include curtains as a personal privacy measure. In any event since the sill height would be 2.2m above the floor level privacy should not be an issue.

 

7.         Front Side Boundary Fence

 

Appearance and overall height (above the existing retaining wall of 3m) of proposed paling fence should be softened.

 

Comment

 

Whilst the height of the proposed side return fence exceeds the 900mm maximum of the Code, the proposal would be consistent with both the height of the existing front wall and the rendered enclosing wall for the carport. The adjoining property owners have submitted their written support of this proposed fence.  The proposal is consistent with the intent of allowing higher front fences on heavily trafficked streets and would not present a safety issue to vehicles accessing the site or the adjoining property.

 


8.         Front Gate

 

Is Council aware of a brick retaining wall that extends onto Council land ? This will pose a danger to pedestrians using the site due to the fall onto the adjoining driveway.

 

Comment

 

Although not shown on the site survey, there are remnants of what would appear to have been a retaining wall/ landscape planter along the front boundary that extend beyond the site at the front northwest corner.

 

Council’s Development Engineer has recommended draft condition 64 to address this issue by requiring the reconstruction of the footpath so that it matches the level of the entry to the site, and for the retaining wall to also match the finished level of the footpath.  

 

9.         Extension to Dividing Fence

 

The proposal does not make clear where the proposed increase in the western side boundary fence would finish; it could be 4m high next to the pool and 5m high at the rear of the site and would impact on our bushland views which have already been impacted due to a deck screen of which we were not notified. Our northern light is of great value.

 

Comment

 

The adjoining owners on the west side of the site have written to confirm that they have no objection to the proposal and do not require a privacy screen to be attached to the west side of the pool concourse so as to prevent overlooking of their rear yard. Based on this neighbour’s confirmation, and the Rural Fire Service’s draft condition (see draft condition 9) that no exposed timber should form part of any new construction, it is unlikely that the applicant would want to construct this screen.

 

Based on neighbour comments, those of the RFS and the applicant’s original intention not to provide a privacy screen, the screen is suggested for deletion.  (See draft condition 5).

 

As the site is in a bushfire prone area the possible timber screen that has been installed on one side of a rear deck is unauthorised and the matter has been referred to Council’s Building Surveyor for appropriate action.

 

10.      Rear Fence and Retaining Wall

 

Based on our survey/neighbour’s survey the proposed fence is not located on the rear boundary and could be 1m outside the site at its eastern end and between 1.5m and 2m out at its western end. How does Council know where the rear boundary is? Existing retaining wall is located above natural bedrock and is within the reserve; our retaining wall was removed from a similar position at the request of Council. Is the proposed retaining wall to be built on top of the existing retaining wall, or setback as required under Council’s Code i.e. at a ratio of 1:1, or with an overall setback of 2.2m ?

 

Comment

 

As with any application, Council must rely on the survey information submitted by the applicant, particularly if this is recent; the applicant’s survey was prepared in July 2009.

 

Draft condition 2 is recommended requiring all new work, whether at the front or at the rear, to be located wholly within the site, and that this be subject to confirmation by a survey to be submitted at the time of the fence construction.

 

Whilst swimming pool concourse and associated fences may have to be setback at a ratio of 1:1, the proposed fence however is not a pool concourse or associated fence and would be a boundary fence and therefore is not included under this category. Fences adjoining bushland should be of an open style so as not to disrupt the continuity of the bushland and the residential lot, and can include steel posts, rails or the like. The proposed fence is consistent with the Code.

 

11.       Subterranean Cave

 

The cave, which extends a number of metres under the rear of the property, is not mentioned. How would this feature be addressed with regard to vibration as a result of digging and jack hammering?

 

Comment

 

This report recommends a deferred commencement consent that would address this issue.

 

12.      Swimming Pool : Rear Setback; Safety Fence and Tank

 

It’s rear setback should be 10m under the Bushland DCP/control. What type and height would the pool fence be?

 

Although Statement confirms that boundary fencing will be upgraded will not accept a dividing fence in lieu of a pool fence.

 

Proposal includes an infinity pool which are high maintenance.  An infinity pool should have both  balance and holding tanks but only a balance tank is proposed. If a holding tank is not to be provided, what measure would reduce the pool overflowing into the reserve? 

 

Comment

 

The applicant was advised that the original setback of the pool from the rear boundary was unacceptable. Whilst the revised setback of 8m is 2m below that required under the Bushland DCP it is acceptable based on the site constraints – the proposed pool would be adjacent to the existing dwelling house.

 

Draft condition 23 is recommended requiring the swimming pool fence to comply with the required legislation and standard.

 

Council’s Development Engineer has recommended a draft condition that would address drainage issues.  (See draft condition 65).

 

13.      Drainage

 

Not addressed.

 

Comment

 

Council’s Development Engineer has recommended a draft condition that would address drainage issues. (See  condition 65)

 

14.      Sewer Main

 

Believe Board’s diagram to be unreliable and therefore query the location of the sewer main in relation to the proposed pool.

 


Comment

 

The applicant has relied on, and is entitled to rely on, the diagram supplied by Sydney Water. If this information is incorrect the applicant would be entitled to take appropriate action against Sydney Water.  Should the diagram be incorrect, and the pool location or height need to be amended by the applicant, a further modification application (section 96) to Council would be required.

 

15.      Landscaping

 

Proposed screen planting is not supported by a landscape plan.

 

Plans do not show the actual position of two Jacaranda trees located on our boundary which will require an exclusion/tree protection zone. Will not accept cut and fill within 3m of these two trees, nor planting that would block northern light.

 

 

Comment

 

The Jacaranda trees are to be protected during construction work.  (see draft condition 54).  The rear of the site is to be landscaped with indigenous plants (see draft condition 45).

 

16.      Shade Sail

 

Is mentioned in the applicant’s Statement but understand this is no longer proposed and is not shown on the current plans. Such a sail would affect site coverage and deny us natural light into basement.

 

Comment

 

Although the revised plans have removed this structure, a revised Statement still mentions it. Consequently whilst a shade sail does not form part of the revised proposal, draft condition 3 is recommended prohibiting this structure.

 

Matter Arising: Micro Bats

 

In March of this year the owner of a property adjoining the site raised the issue of whether bats (micro bats) might be located in the cave/rock overhang that extends under the rear of the site. This concern was raised by the same owner at a Council meeting in May, and has been repeated in one of the two meetings held with the owners .

 

Although micro bats are known to exist in Lane Cove, including in the golf course, no evidence of them has been found despite various visits to the rear of the site by Council staff.  Two former Council Open Space employees have confirmed that they are not aware of micro bats in the reserve.

 

CONCLUSION

 

The application is for alterations and additions to the existing dwelling house and front fence, construction of a swimming pool and retaining wall in the rear yard.  Objections have been received from one neighbour and the Bushland Society, and letters of support have been received from two neighbours.

 

The proposed works to the existing dwelling house would create a room at its lower level and any impact on each side neighbour would be benign.

 

The roller shutter is not supported due to its height as outlined in this report.

 

Although the proposed pool would be setback 8m from the rear boundary and not the10m required under Council’s Bushland DCP, its position is reasonable and has the support of one adjoining owner.  Since the excavation for this structure would be into rock a deferred commencement consent is recommended to ensure that a geotechnical engineer has addressed the potential impact of this excavation on a cave/rock overhang that extends under the rear of the site.

 

Matters in relation to s.79C considerations have been satisfied.

 

 

RECOMMENDATION

 

That pursuant to section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application 11/10 for alterations and additions to the basement floor level and front, rear and side fences; a swimming pool and a retaining wall on Lot A DP 385098 and known as 26 River Road West, Longueville subject to the following:-

 

A  The submission of a report prepared by a geotechnical engineer that ensures that there is no impact caused by the proposed pool excavation on the structural stability of the cave/overhang located at the rear of the site.

 

Documentary evidence as requested above is to be submitted to Council within twelve (12) months of the granting of this deferred commencement consent. The approval cannot commence until Council has provided written confirmation that the information requested has been provided and is satisfactory to accommodate the proposed pool structure and not impact on the cave/ overhang.

 

Subject to  A above being satisfied, a development consent and plans be issued subject to the following conditions:

 

Plans

 

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

·   P1B, P2C, P3B and P4A, dated December 2009 and as amended up to 8.7.10; and     

·   P6, dated July 2010,

        by Right Angle Drafting except as amended by the following conditions.

 

Specific

 

2.         In order to prevent any new work encroaching outside of the site, including into the adjoining reserve, all new work is to be located wholly within the subject site. Proof by survey to be submitted at the time of construction of the rear retaining wall and fence confirming that there is no encroachment upon Council’s reserve.

 

3.         No approval is granted, or implied, for a shade sail in conjunction with the swimming pool. Any such structure, wherever located on the site, is to be the subject of a separate application.

 

4.         The roller shutter / front fence extension exceeds Council’s maximum 2m overall fence height and does not allow a vehicle to satisfactorily stand off the River Road West carriageway while waiting to enter/ exit the site. The roller shutter over the existing driveway is therefore to be deleted.

 

5.         The privacy screen proposed on the western side of the pool to be deleted.

 

 

 

Bushfire

 

(i)  Asset Protection Zones

 

6.         At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

 (ii)  Design and Construction

 

7.         The existing building on the subject site is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  Where applicable, this includes any sub floor areas, openable windows, doors, vents, weepholes and eaves.

 

8.         New construction shall comply with Australian Standard AS3959-1999 'Construction of buildings in bush fire-prone areas' Level 3.

 

9.         There is to be no exposed timber as part of any new construction.

 

10.       Structure and shade materials shall be non-combustible or have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

 

11.       Roofing for the entire dwelling shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

           

General

 

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

 

13.       All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

14.       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.

 

15.       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.

 

16.       An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and swimming pool.

 

17.       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.

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

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

 

23.       The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

24.       The filter and pump being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

25.       In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

26.       Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

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

 

28.       All timbers complying with Timber Framing Code AS 1684-79.

 

29.       All glazing is to comply with the requirements of AS 1288.

 

30.       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.

 

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

 

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

 

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

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

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

 

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

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

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

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

(b)        Smoke alarms complying with AS 3786.

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        any storey containing bedrooms—

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

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

(b)        any other storey not containing bedrooms.

 

33.       Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

34.       The demolition works being confined within the boundaries of the site.

 

35.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

37.       All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

38.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

39.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

40.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

41.       Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

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

 

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

 

44.       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.

 

Landscape

 

45.       The submission of a landscape plan prepared by a suitably qualified horticulturalist/landscape architect that provides details of landscaping in the area between the swimming pool and the site’s rear boundary, and that this plan only includes only those species indigenous to Warraroon Reserve.

 

46.       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 dollars ($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.

 

47.       The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

48.       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.

 

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

 

50.       All materials brought onto the site must be weed free.

 

51.       Any weeds in the bushland area lists under the Noxious Weeds Act must be continually eradicated using suitable bush regeneration methods ensuring there is no long term re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

52.       Rubbish must be stored in sealed in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

53.       There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

54.       A 1.8 m high fence of chain mesh must be erected at least 2.4m radial distance from the trunk of the 2 Jacaranda trees growing in the neighbouring property. 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 area shall remain undisturbed.

 

            A waterproof sign must be placed on every second panel 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.

 

            Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

 

55.       There is to be no build-up of soil behind the retaining wall higher than the 44.5 m contour line. This soil must be consolidated and covered immediately to ensure that it does not wash off the site into the reserve below. A suitable geo-textile is to be used and suitable vegetation can be planted into it.

 

General Engineering Conditions

 

56.       Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

57.       Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

 

58.       Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

59.       Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

60.       Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

61.       Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

62.       Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

63.       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.

 

Engineering Conditions to be complied with prior to Construction Certificate

 

64.       Council Construction Requirement: The applicant shall construct a new concrete footpath from the existing footpath to the boundary of the property where the new pedestrian access point to the dwelling is proposed. The new footpath slab needs to match the existing footpath and boundary levels. The existing retaining wall also needs to be amended to match the new finished level of the footpath slab. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the footpath shall be completed prior to the issue of the Occupation Certificate

 

65.       Pool construction stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

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

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

 

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater Management.

 

66.       Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5m 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 the 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 principal 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.

67.       Pool construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

68.       Design of pool structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

69.       Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering Conditions to be complied with prior to Commencement of Construction

 

70.       Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved ‘erosion and sediment control plan’ numbered P5. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering condition to be complied with prior to Occupation Certificate

71.       Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

·     Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans July 2010

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

 


Planning and Building Committee Meeting 6 September 2010

 

Environmental Services Division Report No. 346

 

 

 

 

 

Reference:    Environmental Services Division Report No. 346

Subject:          6 Innes Rd, Greenwich    

Record No:    DA10/147-01 - 32530/10

Author(s):       May  Li 

 

 

Property:                     6 Innes Road, Greenwich

 

DA No:                         147/2010

 

Date Lodged:              9 July 2010

 

Cost of Work:              $40,000

 

Owner:                                    J K Dickson & N L Stubbs -Dickson

 

Applicant:                    Zone Architects Pty Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of an existing garage and driveway, alteration and addition to the dwelling house, construction of a double carport and front fence

ZONE

R2 – Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

Yes – 2 days

NOTIFICATION

Neighbours:                 4, 7, 8, 9 & 10 Innes Road, 1 & 3 Ulonga Avenue, Greenwich

Councillors:                 Clr Gaffney and Ward Councillors:  Councillor Brooks-Horn, Palmer.

Progress Association:Greenwich Community Association

                                      Inc.

 

 

REASON FOR REFERRAL:

 

The development application has been called to Planning and Building Committee by Councillor Palmer on behalf of neighbours who have concerns regarding the impact of the development.

 


EXECUTIVE SUMMARY:

 

·     The proposal involves demolition of a garage at the rear of the property and construction of a double carport at the front of the property.  It also involves minor alterations to the design of the dwelling house recently approved as Complying Development (CD10/18).

 

·     The development proposal would not alter the building height, bulk or scale of the approved dwelling house and complies with the provisions of Lane Cove Local Environmental Plan 2009 and is conditioned to comply fully with the requirements of Lane Cove Development Control Plan. 

 

·     Owners of 4 nearby properties raised objections to the development application.  A number of the issues raised related to the bulk and the scale of the dwelling house which was approved as Complying Development and are not relevant to the design of the current development proposal. 

 

·     Council’s development engineer and tree assessment officer have raised no objections to the proposed development.

 

·     The proposal is recommended for approval.

 

SITE:

 

The subject site is located at the southern side of Innes Road between Ulonga Avenue and Wisdom Road. 

 

The site falls from its north-eastern corner to the south-western corner by approximately 3m.  A two storey dwelling house (partially currently under construction) is located on the site.  A detached single garage is located at the rear of the property. 

 

Surrounding development comprises a mixture of single and two storey dwelling houses.  Site Location Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal involves:-

 

·     Demolition of the existing garage and driveway;

 

·     Extension of the length of the rear ground floor terrace by 2.59m (total length would be 12.5m and up to 3.03m wide.  The terrace extension would be 2m high at its highest point);

 

·     Steps accessing this area are provided on the western side of the dwelling house (setback 1.8m from the boundary);

 

·     Conversion of part of the lounge area to a front terrace on the first floor of the dwelling house;

 

·     Construction of a double carport at the front of the property; and

 

·     Erection of front fence.

 

Refer to AT1 for plans with further details.


PREVIOUS APPROVALS/HISTORY:

 

Complying Development Certificate CD10/18 was issued on 13 April 2010, by Council for alterations and first floor additions to the existing dwelling house.  The building works associated with the Complying Development Certificate are currently under construction. 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (586.2m2)

 

Lane Cove Local Environmental Plan 2009

 

 

 

Proposed

Control

Complies?

Floor Space Ratio

0.34:1

0.5:1

Yes

Height of Buildings

As existing (8m)

9.5m

Yes

 

 

Lane Cove Development Control Plan

 

 

Proposed

Control

Complies?

Front setback (min)

As existing

Consistent with area or 7.5m

Yes

Side setback (min)

As existing

1200mm/1500mm

N/A

Rear setback (min)

As existing

<1000m²: 8m or 25%

>1000m²: 10m or 35%

N/A

Wall Height (max)

As existing

7.0m

N/A

Subfloor height (max)

As existing

1.5m

N/A

Number of Storeys (max)

As existing

2

Yes

Landscaped area (min)

55%

35%

Yes

Solar Access

As existing

3 hrs to north-facing windows

N/A

Deck/Balcony depth (max)

As existing

3m

N/A

Private open space

230m2

24 m² (min)

4m minimum depth

Yes

 

Fences

 

 

Proposed

Control

Complies?

Piers width (max)

350mm

350mm

Yes

Setback from front boundary if the fence height is between 1.2m and 1.8m

1.361m to 1.57m

Set back by 1m from the front boundary

Yes

 

Car Parking

 

Proposed

Control

Complies?

Off-street spaces (min)

2

Yes

Driveway width

3.5m

3m at the lot boundary

No

To be conditioned to comply

 

Note:  The design of the dwelling house currently under construction complies with the complying development standards of State Environmental Planning Policy (Exempt and Complying Development Code 2008).


Carports Within the Front Setback & Garages Facing the Street

 

 

Proposed

Control

Complies?

Setback of Carport Posts (min)

1m

1m from street boundary

Yes

% of Allotment Width (garages & carports)

5.8m and less than 50% of the lot width

50% of lot width or 6m, whichever is the lesser

Yes

 

REFERRALS:

 

Manager Urban Design and Assets

 

The proposal was referred to the Council’s development engineer for assessment and the engineer has raised no objection to the proposal and provided draft conditions of consent.

 

Manager Open Space

 

Council’s Tree Assessment Officer has provided the following advice:-

 

The proposed development consists of demolition of the existing free-standing garage and the construction of a carport at the front of the allotment. There are also minor alterations and additions to the dwelling house that is already under construction by way of complying development.   

 

I have no objections to this proposal on arboricultural or landscape grounds. The proposed works will not impact on trees on the site or trees located on neighbouring properties.

 

The two Liquidambar street trees are vulnerable to construction damage and should be protected for the duration of the proposed development.

 

Draft conditions of consent have been provided.

 

Note:  A matter relating to the unauthorised removal of a Jacaranda tree on the site is being investigated separately by Council’s Tree Preservation Officer.  This is not subject to consideration as part of this development application.

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

 

The proposal is permitted in the zone and complies with the aims and objectives of Lane Cove LEP 2009.

 

Other Planning Instruments

 

Lane Cove Development Control Plan

 

The proposed development complies with the objectives of the DCP.

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departure is discussed below.

 

 

 

 

The Width of Vehicle Crossing

 

The DCP restricts the width of the vehicle crossing to no greater than 3m.  The proposed crossing is 3.5m and this non-compliance would be addressed by a draft condition of consent (see draft condition 2c).

 

Front Fence and a Side Wall of the Carport

 

Clause 1.4.1 – Front Fence of the DCP states the follows:-

 

(a)        Front and side return fences to the front setback area are to be constructed no higher than 1.2m above footpath level.

(b)        Front and side return fences are to be a combination of solid and open design.

(c)        If a solid fence is desired then it is to be no higher than 900mm above the ground level (existing).

(h)         If the fence height is from 1.2m to 1.8m, the entire fence shall be set back a distance of 1.0m from the front boundary other than on major roads.

 

There is a 1.7m high wall proposed to the carport on the west elevation and the wall forms part of the return fence at the front property.  The design of the carport does not comply with the fence requirements of the DCP.

 

The owner has agreed to lower the height the carport wall to 900mm with a 300mm high lattice on the top of the wall to comply with the requirements of the DCP (see draft condition 2a and 2b).

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

The development proposal was notified in accordance with Council’s notification policy.  Submissions from the owners of 4, 8, 10 Innes Road and 3 Ulonga Avenue, Greenwich were received. The issues raised in the submissions can be summarised as follows:-

 

·     The development on the site has been spilt into stages by the previous approved complying development and the current development proposal.  The complying development process took away neighbours’ rights to object to the design of the first floor addition which has created loss of view and privacy impacts to the adjoining properties.

 

Officer’s Comment

 

The current planning legislation does not restrict applicants from lodging multiple applications for the  development of sites.  The legislation relating to complying development does not permit Council to notify applications and such applications must be determined within 10 days of receipt.  Complying Development Certificates can be issued by either Private Certifiers or Council.  The legislation relating to Exempt and Complying Development is contained in State Environmental Policy (Exempt and Complying Development Code 2008).

 

·     The proposed carport is not in keeping with the alignment of the Innes Road streetscape or the character of the street.

 

Officer’s Comment

 

The proposed carport is permissible in accordance with Council’s Development Control Plan and the design of the carport would be conditioned to comply with the requirements of the DCP.  The streetscape of this section of Innes Road is generally open, however there are carports at 13,15 and 2  and a garage at 1a Innes Road.  Fencing in the street is a mixture of styles and heights.

It is also noted that there is a “No parking” restriction at the southern side of Innes Road at this section.  A double carport would improve the off street parking facilities. 

 

·     The front balcony would have negative impact on privacy and noise impact to the neighbours.

 

Officer’s Comment

 

The proposed front balcony faces towards Innes Road.  The side of the balcony is towards 8 Innes Road.   The side of the balcony is setback 4.2m form the property boundary and is at a higher level to the dwelling house at 8 Innes Road.   8 Innes Road recently was granted an approval for additions including a first floor.  There are no side windows of 8 Innes Road directly overlooked by the balcony.  The front yard areas currently feature low or no fences and are currently overlooked from the private and public domains.

 

·     The front fence would interrupt the existing alignment of houses on Innes Road.

 

Officer Comment

 

The proposed front fence would be conditioned to comply with the requirements of the DCP and a recently approved development at 8 Innes Road also included a 1.8m high front fence.  As indicated previously in this report, fencing in the area is a mixture of styles and heights.

 

·     The extension of the rear deck would impact on neighbour’s privacy at 3 Ulonga Avenue, 4 and 8 Innes Road.

 

Officer’s Comment

 

The proposed terrace extension is located at the western side of the approved terrace and would not create any additional over looking impact to 4 Innes Road or 3 Ulonga Avenue.  The ground levels of 4 Innes Road and 3 Ulonga Avenue are higher than the ground level of the subject site. 

 

It would be close to 8 Innes Road and the owner of the property has agreed to erect a privacy screen on the western edge of the terrace to address the over looking impact to 8 Innes Road (see draft condition 2d).

 

·     The carport is too close to its western boundary and is too high.

 

Officer’s Comment

 

The carport is located 200mm setback from the side boundary with 8 Innes Road and is of an open design.  Draft conditions of consent have been provided in relation to the design (see draft conditions 2a and 2b).  The design and the location of the proposed carport comply with the requirements of the DCP.

 

·     The proposed carport should be moved away from the western boundary of the site.

 

Officer’s Comment

 

The relocation of the carport would require the proposed driveway to be moved to a location of an existing street tree and Council’s tree assessment officer has recommended that the tree should be retained and protected. 

 

The major issues raised in the submissions relate to the bulk, height and scale of the dwelling house which were approved by the Complying Development Certificate and these are separate issues to the current development proposal. 

CONCLUSION

 

The matters in relation to Section 79C considerations have been satisfied.  The proposed works would not alter the height and the scale of the dwelling house and would not create any significant adverse impact to the local environment and the amenity of the adjoining properties.

 

A number of the issues raised relate to the Complying Development Certificate 10/18 and the unauthorised removal of a jacaranda tree from the property.  These are separate issues not forming part of the assessment for the proposal.

 

The development application is recommended for approval subject to conditions. 

 

 

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 for the demolition of an existing single detached garage, extension of the rear terrace on the ground level, and conversion part of the lounge area to a front balcony on the first floor of the dwelling house and construction of a double carport and fence at the front of the property on Lot B, DP 377606 and known as 6 Innes Road, Greenwich subject to the following conditions:

 

General Conditions:

 

1.         (20) That the development be strictly in accordance with the following drawings dated 08.07.10, prepared by Zone Architects except as amended by the following conditions.

 

-           Ground Floor Plan, DA.03, Issue 01;

-           First Floor Plan, DA.04, Issue 01;

-           Roof Plan, DA.05, Issue 01;

-           North Elevation, DA.06, Issue 01;

-           South Elevation, DA.07, Issue 01;

-           West Elevation, DA.08, Issue 01;

-           FF Terrace Section, DA.09, Issue 01;

-           Carport Section, DA.10, Issue 01;

-           Proposed Front Fence, DA.11, Issue 01.

 

2.         Amended plans to be submitted

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate

 

(a)        The carport must be in an open design and any walls to the carport must not higher than 900mm with a 300mm high lattice fence from the existing ground level.

(b)        Any gates to the carport must be of an open design. Roller shutters are not permitted.  The width of the vehicle crossing must not exceed 3m at the lot boundary.

(c)        A privacy screen at a height of 1.8m from the finished floor level of the rear terrace on the ground floor level must be erected at the western edge of the terrace on the west elevation. 

 

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

 

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

5.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

The consent authority or a private accredited certifier must:-

 

·           Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

6.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

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

 

8.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (39) The building not to be used for separate occupation or commercial purposes.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

13.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Stormwater drainage lines prior to backfilling

g)         Completion.

 

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

 

15.       (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.

 

16.       (67) 

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

 

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

 

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

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

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

 

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

 

17.       (72) The proposed works must be confined within the boundaries of the site.

 

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

 

19.       (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.

 

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

 

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

 

22.       (130)  Compliance with the Waste Management Plan submitted with the development application.

 

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

 

24.       (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.

 

25.       (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.

 

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

 

General Engineering Conditions

27.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

28.       (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

29.       (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.

 

30.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

31.       (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

32.       (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

33.       (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

34.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

35.       (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

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

 

Engineering Conditions to be Complied with prior to Construction Certificate

 

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

 

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

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

 

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater Management.

 

38.       (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate

 

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

 

40.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

41.       (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with prior to Commencement of Construction

 

42.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with prior to Occupation Certificate

43.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

·           Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

44.       (V3) 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.

 

Landscaping Conditions

 

45.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

46.       (302)  The applicant must obtain a Tree Preservation Order Work Authority from Council prior to pruning or removal of any tree/s including the cutting of any tree roots greater than 40 mm in diameter.

 

47.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

48.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

49.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of the two (2) Liquidambar street trees. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

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

 

51.       (new) 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.       (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbourhood Notification Plan

1 Page

 

 

       

 

 

 

dent: -36.0pt'>47.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

48.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

49.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of the two (2) Liquidambar street trees. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

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

 

51.       (new) 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.       (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbourhood Notification Plan

1 Page