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Agenda

Planning and Building

Committee Meeting

5 October 2010, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee Meeting, to be held in the Council Chambers on Tuesday 5th October 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 5 October 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

Election of Chairperson

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 6 SEPTEMBER 2010

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 343

SUBJECT: 516 Pacific Highway, Lane Cove North

 

3.       Environmental Services Division Report No. 368

SUBJECT: 41 Arabella Street, Longueville  

 

 

 

                      


Planning and Building Committee Meeting 5 October 2010

 

Environmental Services Division Report No. 343

 

 

 

 

 

Reference:    Environmental Services Division Report No. 343

Subject:          516 Pacific Highway, Lane Cove North    

Record No:    DA10/69-01 - 32214/10

Author(s):       Rajiv Shankar 

 

 

Property:                     516 Pacific Highway, Lane Cove North

 

DA No:                         D69/10

 

Date Lodged:              15 April 2010

 

Cost of Work:              $4,600,000.00

 

Owner:                                    Happy Science Australia

 

Applicant:                    Rennew Constructions Pty Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing building and its use as a prayer hall with ancillary accommodation and associated facilities.

ZONE

R4 High Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is for “Place of Public Worship” with ancillary activities including residential and associated facilities.

The proposal is permissible with development Consent.

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 7a,  9b

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  Refer to list attached in file.

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

 

REASON FOR REFERRAL

The application has been called to Planning and Building Committee by Councillor Longbottom because of concern with regard to accommodation and place of worship being in the same complex.

 

EXECUTIVE SUMMARY

·     The subject site was previously used as a Tyre Service Centre.

·     The proposal is for alterations and additions to the existing building and its use as a place of public worship - prayer hall with ancillary accommodation and associated facilities.

·     Three submissions were received.  The main reasons for concern related to capacity of infrastructure to cope with the increased demand caused by the development, suitability of the site for religious activity, noise, not being a known religion and traffic.

·     The proposal complies with the Lane Cove Local Environmental Plan and the relevant DCP.

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

 

BACKGROUND OF THE ORGANISATION:

The following information was provided by the applicant in his letter dated 9 September 2010, shown attached (AT-1).

1.    Background to the Proposed Use

·   Happy Science is a Buddhism based non-profitable religious organisation currently operating 345 temples in 28 countries.

·   They carry out “Church Services” in a similar manner to those in the Christian faith in Australia.

·   They have a minister who addresses the members of a congregation in a prayer hall and also conducts meditation classes and seminars.

·   The organisation also conducts charity work to those in need.

2.    Ancillary Accommodation Component

·   The residential component is ancillary to the proposed use which is a place of public Worship.

·   Minister’s Units: The organisation being world wide has an exchange program where ministers from other countries come for short stays to further their own study and provide guidance to congregation members.

·   Member’s units: Members from overseas and the host country (Australia) attend prayer meetings, religious studies and meditation seminars. These members are accommodated during the retreat duration proposed to be run over a weekend or up to a week.

·   Attached floor plans of a similar temple in Tokyo indicate prayer halls and seminar hall on the lower floors and accommodation rooms on the 4th and 5th floors.

3.    Tax Exemption

Happy Science has tax exemption status by the Australian Taxation Office for Income Tax Exemption, GST Exemption and Gift Recipient Status

4.    Constitution

Apart from other objectives, clause 5.1 is as follows:

5.1  To advance and promote Buddhism pursuant to the religion of Kofuku-no-Kagaku

The above indicates that the organisation is Buddhism based.

The accommodation for Ministers and Members is ancillary to the primary use of the building which is a place of public worship. The accommodation would be for short term only and used for a maximum period of 3 months or less (Draft condition 2).

SITE

The site is located on the western side of Pacific Highway and 50m south of the intersection of Mowbray Road and Pacific Highway. The site is rectangular in shape with an area of 1909 m2. The site falls away from Pacific Highway.

The site features a single storey concrete block building with an attached metal awning.  The site enjoys existing separate vehicular ingress and egress points to Pacific Highw ay.  There is a mature River Peppermint Gum tree located near the northern boundary on the eastern side of the site.

Neighbouring to the south and west are two storey residential flat buildings. Towards the north is an allotment with a dwelling house that is associated with the Chatswood South Uniting Church. The Site Location Plan and Neighbour Notification Plan are attached (AT-2 and AT-3).

PROPOSAL

Proposed Use

·     Place of public worship; and

·     Ancillary residential use.

Proposed Building Works

Alterations and additions to existing building including the following:-

·     Existing awning to be converted into a prayer hall;

·     Existing building to be converted into two levels;

·     Ground floor to have a prayer hall, conversation saloon, main entry, kitchen and office facilities; and

·     The first floor would have a community lounge.

New addition towards the west:-

·     A car park below the ground floor level towards the west;

·     Three studio style bed rooms and associated facilities on the ground floor, providing temporary accommodation; amd

·     Seven bedrooms with ensuites on the first floor.

Other Aspects of the Existing Building

·     Separated access from Pacific Highway would remain unchanged.

·     The southern and western portion of the site would be developed into a car park with a total of 20 car spaces.

·     The tree in the proposed courtyard located close to the northern side boundary is proposed to be retained.

The applicant has also advised that up to 30 people would be expected for services and accommodation is limited to 3 ministers and 7 more bedrooms with ensuites.  The development is to be gated and secured.

PREVIOUS APPROVALS/HISTORY

DA180/04 - Request for Sunday trading hours at Mathew Tyre Service - Refused

PROPOSAL DATA/POLICY COMPLIANCE

Local Environmental Plan 2009

Zoning:           R4 High Density Residential                                                  

The R4 High Density Residential zone allows ‘Places of Public Worship” with development consent.


A “Place of Public Worship” is defined in Council’s LEP as:-

“A building or place used for the purpose of religious worship by a congregation or religious group. Whether or not the building or place is also used for counselling, social events, instruction or religious training.”

In this regard the applicant has advised that “Happy Science” is a modern day place of worship which involves local and worldwide seminars and events which teach the congregation to meditate, contemplate and how to be generally inspired.

People who attend the workshops are able to stay the night on site and this forms part of the residential use on the site.

Site Area:        1909 m2

 

 

Control

Proposed

Complies

Floor Space Ratio

0.8

0.52

Yes

Height of Buildings

12.0m

Varies from 8.2m to 12.0m

Yes

 

Comprehensive Development Control Plan 2009

There are no specific assessment criteria for Places of Worship. As such the assessment has been carried out against the relevant parts of Council’s Development Control Plan.

Part B – General Controls

 

Clause

DCP

Proposed

Complies/ Comment

B6.1- Sunlight to public spaces

2 hours of solar access to at least 50% of new and existing public areas between 11.am to 2.0pm

A court yard has been proposed adjacent to the prayer hall along the northern boundary which would provide solar access to the prayer hall for more than 2 hours.

Yes

B6.3 – Energy and water efficiency for Buildings

Developments to be water and energy efficient.

Reduce storm water runoff.

Reasonable daylight and passive solar access.

Minimize mechanical ventilation.

Placement of new windows along all aspects to provide for natural light and ventilation.

Rain water tanks have been provided.

Storm water runoff would not increase.

Yes

B7- Developments near busy Roads and Rail Corridors.

Acoustic assessment required

Acoustic assessment provided. Recommendations of the report would be adopted as a condition of consent.

Yes

B8 – Safety & security

 

Permit passive surveillance, avoids blind corners and dark alcoves, entrances at a visually prominent position, adequate lighting, and security access controls where appropriate.

Adequate passive surveillance opportunities exist.

Yes

B9- Heritage

A heritage impact statement as the proposal is in the vicinity of a heritage item. 

The proposed development would not have any significant impact upon the heritage significance of heritage item in the vicinity as there is substantial distance between the existing heritage item and the proposed development.

Yes

B10- Cut & fill

1m maximum

Less than 1.0m

Yes 

 

Part C – Residential Development

 

Clause

DCP

Proposed

Complies/ Comment

3.13 Solar access

 

Living rooms and private open spaces of 70% of the units to receive 3 hours of direct sunlight.

 

 

Single aspect dwellings with southerly aspect to 10%

No Permanent dwellings proposed.

The community lounge would receive 3 hours of sunlight on 21 June.

 

The adjoining properties would receive 3 hours of sunlight between 9.00am to 3.00pm

Yes

3.15 Visual privacy

 

Provide visual privacy between balconies of the adjoining properties

South facing windows are 14.0m away from the southern boundary.

 

The adjoining dwellings at 4-6 and 8-10 Helen Street are significantly below the subject property.

Yes

 

Part F - Access and Mobility

 

Clause

DCP

Proposed

Complies/ Comment

3.5 - Parking

Provide 1 accessible parking space per 100 spaces, in Class 2 to 9c buildings

1 space would be provided as an accessible space.

The recommendation of the accessibility report prepared by Morris Goding Accessibility Consulting would be adopted.

Yes

3.7- Access to and within building

Access to be provided to and within 1b to Class 9 buildings as applicable

Access within the building is obtained by using the lift. A disabled access toilet is provided on the ground floor.

Yes

 

REFERRALS

Manager Assets

Council’s engineer has stated that no on-site detention would be required as there is no increase in impervious surface area in this proposal. The proposed impervious area has actually been reduced and the applicant is proposing a 20,000L rainwater reuse system.  Appropriate conditions have been provided which have been included in the draft conditions of consent.  (Draft conditions 59-76).


Manager Parks

All trees, except the Bottlebrush tree located within the footprint of the proposed disabled parking area, are proposed to be retained.

Council’s Tree Assessment Officer has stated that the proposed Landscape Plan is satisfactory and must be adopted as part of this development. All tree protection specifications shown on the Landscape Plan must be in place prior to the commencement of works.     

Appropriate conditions have been provided which have been included in the draft conditions of consent. (Draft conditions 48-58).

Building Surveyor

No objection has been expressed subject to conditions which have been included in the draft conditions should the application be approved. (Draft conditions 6-29).

Roads and Traffic Authority

The RTA has raised no objection to the proposal subject to the imposition of conditions as detailed in their letter of 25 May 2010.  These conditions have been included as draft conditions should the application be approved. (Draft conditions 40-47)

Item 2 of the letter dated 25 may 2010 from the RTA states:

“Car parking provision to be to Council’s satisfaction.”

Council’s Traffic Manager has not raised any objection to the Traffic Report submitted by Jamieson Foley & Associates Pty Ltd dated 12 March 2010 which states that the provision of car parking spaces is adequate.

Item 8 of the letter dated 25 may 2010 from the RTA states:

“Council should ensure that post development storm water discharge from the subject site into the RTA drainage system does not exceed the predevelopment discharge.”

Council’s Engineer has stated that there would be no increase in the impervious area. Therefore the storm water discharge form the site would not exceed the pre-development discharge.

Traffic Manager

Council’s Traffic Manager has stated that the Traffic Report submitted by Jamieson Foley & Associates Pty Ltd dated 12 March 2010 is satisfactory. Traffic and Parking arrangements are to be addressed as per RTA's comments in their letter dated 25 May 2010.

Manager Community Services

The Manager Community Services initially raised specific concerns with regard to Access and Mobility. The concerns were communicated to the applicant who addressed the concerns in their letter dated 22 June 2010. The response was discussed with the Manager Community Services and was considered satisfactory. The applicant’s commitments, stated in the abovementioned letter, have been included as draft conditions of consent. (Draft conditions 33-39).

Manager Environmental Services- (Site contamination and Noise levels)

Given the previous industrial use of the site, some site contamination has been identified, as detailed in the following assessment and comments from Council’s Manager Environmental Services.

Contamination

The Stage 2 Detailed Site Investigation identified that in one location and for some contaminants (PAHs & BaP at a depth of 2.5m), guideline levels were exceeded.  When the 95% Upper Confidence Levels are calculated, Absolute Environmental concludes that the site meets the criteria for the proposed use (i.e. Residential with minimal opportunity for soil access, paved yards).  The consultant further notes that the existing concrete paving is proposed to be retained across the site and that there should not be access to the soil, and makes the following recommendations:-

·           All construction joints should be repaired to minimise stormwater infiltration to the sub-surface;

·           The stormwater system shall be well maintained to minimise stormwater infiltration to the sub surface;

·           Stormwater runoff from the adjacent northern site should not be allowed to pond against the retaining wall.  This should eliminate a potential external source of infiltrated perched groundwater;

·           It is recommended that landscaped areas on the site be maintained.  No food crops are to be grown in these areas unless further area specific advice is sought from an experienced environmental practitioner; and

·           Any waste soil generated from excavation activities in the lower terrace should be classified according to the DECCW Guidelines, and removed to a DECCW licensed landfill facility.

Comment

Whilst the consultant concludes that the 95% UCL meets the site assessment criteria at least one hotspot remains on the site, and ongoing compliance with the criteria is conditional upon the concrete pavement being maintained intact.

Council does not have the internal resources to conduct its own technical review of documents relating to site contamination and therefore a draft condition has been placed upon any consent requiring a Site Audit Statement certifying that the site is suitable for the proposed use. (Draft condition 30)

Noise

The Road Traffic Noise Intrusion Report was commissioned to assess compliance for the proposed development against the Environmental Criteria for Road Traffic Noise and AS 3671(1989).

Following measurement, the report concludes that without appropriate acoustical treatment, noise in the prayer hall, residential bedrooms and common areas may breach guideline levels.  Accordingly, conditions requiring the applicant to undertake the acoustic treatments outlined in the Road Traffic Noise Intrusion Report and follow up acoustic testing after construction and prior to occupation to assess as-built compliance with the noise guidelines have been provided should the application be approved (Draft conditions 31-32).

Kitchen

The kitchen servicing the facility will be required to comply with the provisions of the Food Standards Code.  A detailed design has not been provided at this stage, and this can be submitted with the Construction Certificate.  (Draft condition 77)


79 (C) (1) (a) the provisions of any Environmental Planning Instrument

Lane Cove Local Environmental Plan 2009

The subject site is zoned R4 High Density Residential under the provisions of Lane Cove Local Environmental Plan 1987.  Places of public worship are permitted in the zone.

Lane Cove Development Control Plan 2009

As indicated in the policy compliance table, the proposal complies with the relevant provisions of the DCP and it is considered to achieve the objectives for each provision.

Variations to Council’s Development Control Plan /Policies

There are no variations to the Council’s Development Control Plan or Council’s Policies.

Section 94 Contribution Plan

Clause 3.2.6 of the plan provides average occupancies for various types of developments. For medium density developments (including attached dual occupancies and duplexes) the occupancy of a 1 bedroom apartment is 1.2 persons.

Clause 11, example 3 indicates that for hostel accommodation the occupancy of 1 bedroom dwellings is 1 person.  The plan also states:-

“As there will be other forms of accommodation (e.g. serviced apartments), for which examples are not given, Council will calculate the appropriate rate upon request, using the same principles.”

In view of the above it is considered reasonable that the occupancy rate the proposed ministers’ apartments would be 1.2 persons per apartment and that for the proposed units would be 1.0 person per unit.

 

Type of residential  development

Number of dwellings

Occupancy per dwelling

Total occupancy

Ground floor ministers’ apartments

 

3

1.2 per dwelling

3.6 persons

First floor units

7

1.0 per unit

7 persons

Total

 

 

10.6 persons

 

According to Council’s Fees and Charges 2010-2011, the present rate of contribution is $8595.00 per person.

Therefore the total contribution payable would be $8,595.00 X 10.6 persons = $91, 107.00 (Draft condition 4).

Other Planning Instruments

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

In accordance with Clause 7 of this instrument, Council is required to consider whether land is contaminated prior to granting consent to carrying out of development on this land.

The Stage 2 Detailed Site Investigation has been carried out. The report has been assessed by Council’s Manager Environmental Services, whose comments have been discussed previously in the report.

The applicant would be required to submit to Council for approval, a Site Audit Statement (SAS) issued under Section A of Part II to the approved form and a Summary Site Audit Report (SSAR), certifying that the site is suitable for the proposed use, prior to the issue of an occupation certificate.

79C (1) (b)   The likely Impacts of that Development, Including Environmental Impacts on Both the Natural and Built Environments, and Social and Economic Impacts in the Locality.

Context and Setting

Buildings in the area are a mixture of styles and uses.  The proposed alterations and additions are located as far as practicable from the southern boundary which adjoins a residential flat building. The residential component of the proposed development is towards the west (rear).

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the adjoining residential development towards the west

Access, Transport and Traffic

The existing vehicular access from Pacific Highway would be retained.

A total of 20 car parking spaces would be provided. A traffic impact study has been carried out by Jamieson Foley and Associates. The report is considered satisfactory by Council’s Traffic Manager.

The report concludes that “the provided 20 car spaces are sufficient”. For any increased parking requirement for Wednesday evening service and Saturday afternoon service, the applicant has put forward a Traffic Management Plan to ensure that the parking and access situation is managed. The Traffic Management Plan would be adopted as a condition of consent, if the proposal is approved. (Draft condition 41)

Public Domain

The proposed development would not affect the public domain.

Privacy

The adjoining dwellings in the residential flat buildings at 4-6 and 8-10 Helen Street are significantly below the subject property.   It is suggested to assist with privacy to the rear of the residential flat buildings and their rear open space that the first floor west facing windows to the special prayer room and the lounge be fixed and obscure to a height of 1.5m and clear and openable above.

At the rear ground floor level, which is also elevated, to maintain privacy to the sites to the rear, it is suggested that the west facing balustrade to the 3 minister’s occupancies be either solid or obscure glass and a minimum height of 1.5m.

South facing windows are 14.0m away from the southern boundary. There is significant planting towards the west of the property. It is considered that a reasonable level of privacy would be maintained between the adjoining properties.


Overshadowing

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments. The shadow diagrams indicate that the windows serving habitable rooms in the adjoining residential flat buildings receives 3 hours of sunlight between 9.00am & 3.00pm and in this regard it is considered that reasonable solar access would be retained. 

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

The proposal is considered to be an appropriate development in the area and would not adversely impact upon the amenity of the adjoining properties. The proposed use is permitted according to the Lane Cove LEP 2009. Accordingly, the site is considered suitable with respect to the proposed development.

 Section 79C (1) (d) - Any submissions made in accordance with this Act or Regulations.

The proposal was advertised in accordance with Council’s policy of community consultation. Three submissions were received. The issues raised in the submissions have been addressed below:

Concern has been raised with regard to the capacity of the existing sewage infrastructure which has recently been backing up.

Comment

The applicant’s engineer Ian Young & Associates Pty Ltd in their letter dated 13 May 2010 have confirmed that the problematic sewer in the adjoining residential complex’s own service sewer that is located below the complex’s internal driveway. The argument with regard to the capacity of the existing sewage infrastructure is not valid.

The applicant has also advised that they anticipate up to 30 people on site for services.

The site should not be used for religious purposes.

Comment

The proposed use is permitted within the zone.

The religious use is not known to Australia.

 Comment

The applicant has carried out community information session particularly with the adjoining properties. The applicant has indicated that “Happy Science” is a modern day place of worship which involves local and worldwide seminars and events which teach the congregation to meditate, contemplate and how to be generally inspired.

The religious use may create noise level during prayer because of musical instruments etc.

Comment

An acoustic report has been prepared and submitted along with the application. The report has been assessed by Council’s Manager Environmental Services and appropriate acoustic related conditions have been suggested which have been included in the draft conditions of consent. (Draft conditions 31-32).

Saturday and Sunday religious workshops would disturb the peace and quite of the neighbourhood.

Comment

The main usage periods utilised by the applicant are complementary to the adjacent Church. The peak periods by the proposed development would be Wednesday and Saturday afternoon, which differs from the traditional Sunday service carried out by the adjacent Church facility.

Concern with regard to additional traffic congestion as a result of the proposed development.

Comment

The traffic report submitted concludes that “the additional traffic generated by the Centre can readily be absorbed into the traffic network”.

Security.

Comment

The applicant has advised that the site is intended to be gated and secure.

Section 79C (1) (e) - The Public Interest

The proposed development does not impact upon views, solar access and draft conditions have been suggested to deal with privacy issues.

The proposed development would not create any major environmental impacts. Accordingly, it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

CONCLUSION

The proposal is for alterations and additions to an existing building to provide for a place of Public Worship which would have ancillary residential accommodation and associated facilities. The proposal development is considered to be in accordance with the zone objectives, within the permissible height limit and within the maximum permissible floor space ratio.

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.

 

 

RECOMMENDATION

That pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D69/10 for alterations and additions to existing building for a prayer hall, ancillary accommodation and associated facilities at 516 Pacific Highway, Lane Cove North subject to the following conditions:-

1.         (20) That the development be strictly in accordance with drawing numbers 230709-1 to 230709-6 AMD No B dated 8/4/10 by Rennew Constructions Pty Ltd except as amended by the following conditions.

2.         The accommodation shall be for short term only and not used on a continuous basis for greater than 3 months at a time.

3.         The west facing first floor windows to the Special Prayer Room and the Lounge to be fixed and obscure glass to a height of 1.5m and openable and clear above.

4.         The balustrade on the western elevation, ground floor level servicing the Minister’s units being of either obscure glass or of solid construction and a minimum of 1.5m high.

5.         (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 10.6 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $91, 107.00  AT THE CURRENT RATE OF $8595.00 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

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

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

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

8.         (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.

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

10.       (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.

11.       (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.

12.       (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.

 

13.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

14.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

15.       (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.

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

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

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

18.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

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

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

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

a)         Dampcourse level;

b)         The establishment of all levels;

c)         The roof framing; and

d)         The completion of works.

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

22.       (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.

23.       (67) 

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

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

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

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

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

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

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

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

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

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

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

28.       All waste generated on site shall be disposed off in accordance with the submitted Waste Management Plan.

29.       (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.

Soil Contamination

30.       Prior to the issue of an occupation certificate, the applicant must submit to Council for approval, a Site Audit Statement (SAS) issued under Section A of Part II to the approved form and a Summary Site Audit Report (SSAR), certifying that the site is suitable for the proposed use.

Noise and Acoustics

31.       The applicant shall ensure that all recommended acoustical treatments identified within the Road Traffic Noise Intrusion Report (Day Design Pty Ltd, Report No. 4282, 14 April 2010) shall be implemented in the development.

32.       Prior to the issue of an occupation certificate, the applicant must submit to Council for approval, a further acoustic report that assesses as-built compliance with the RTA’s Environmental Criteria for Road Traffic Noise & AS 3671(1989) Acoustics – Road traffic noise intrusion – Building siting and construction.

Access and Mobility Conditions

33.       The recommendation of the accessibility report prepared by Morris Goding Accessibility Consulting shall be adopted.

34.       A baby change table shall be provided within the accessible toilet for people with disabilities.

35.       To assist people with dexterity impairment, the entry to the premise shall be via manually operated, self closing doors fitted with lever action handles compliant with AS1428.1.

36.       Handrails compliant with BCA requirements to AS 1428.1 shall be provided. Compliant signage shall be provided in accordance with BCA part D3.

37.       A hearing augmentation system such as a hearing loop which will provide DDA compliance by coverage of 90-100% of the seating area shall be provided.

38.       New flooring materials proposed internally and externally shall be selected with slip requirements in mind. The existing concrete carpark surface is to be retained.

39.       One residential unit shall be fully accessible for persons with a disability, including access to shower and toilet facilities within the room.

Roads and Traffic Authority Conditions

40.       The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle, lengths, and parking bay dimensions) shall be in accordance with AS 2890. I− 2004.

41.       The proposed car parking management plan prepared by Happy Science Australia included in Appendix D of the submitted Statement of Environmental Effects (Dated April 2010) shall be adopted.

42.       All vehicles are to enter and leave the site in a forward direction.

43.       All vehicles are to be wholly contained on site before being required to stop.

44.       The required sight lines to pedestrians or other vehicles in or around the carpark or entrances are not to be compromised by landscaping, signage, fencing or display materials.

45.       All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Pacific Highway.

46.       The road traffic noise from Pacific Highway is to be mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 subdivision 3 of State Environmental Planning Policy (Infrastructure) 2007.

47.       All works associated with the proposal shall be at no cost to the RTA.

Tree Conditions

48.       (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.

49.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees on the subject allotment or growing in the adjacent properties.

50.       (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.

51.       (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.

52.       (317) A 1.8 m high chain mesh fence shall be erected as shown on the Landscape Plan compiled by Happy Science Australia 11/03/10. 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.

53.       A 1.8 m high chain mesh fence shall be erected to encompass the Island type garden area in front of the existing driveway.

54.       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.

55.       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.

56.       (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.

57.       The Landscape Plan compiled by Happy Science Australia 11/03/10 must be adopted as part of this development consent.

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

General Engineering Conditions

59.       (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.

60.       (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. 

61.       (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.

62.       (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.

63.       (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.

64.       (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.

65.       (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’.

66.       (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.

67.       (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.

68.       (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 20,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows

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

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

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

·      Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

69.        (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·      All roof areas are to drain to the reuse system with overflow to the easement for drainage.

·      All other areas to drain to the easement for drainage.

The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

Engineering Conditions to be Complied With Prior to Construction Certificate

70.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 1001 pages 1-4 prepared by Ian Young & Associates P/L dated March 2010.

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

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

71.       (E2) Proposed use of an existing drainage easement: Documentation demonstrating that the drainage easement exists and that the property benefits from the easement as detailed by the survey by Flegg & Isherwood P/L numbered 10684 dated 26-03-10 is to be submitted to the Principal Certifying authority prior to the issue of Construction Certificate

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

·      Turning circles for access to parking spaces

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

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

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

73.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

74.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Engineering Condition to be Complied With Prior to Commencement of Construction

75.       (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 numbered 1001-2 Rev A prepared by Ian Young and Associates. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Conditions to be Complied With Prior to Occupation Certificate

76.       (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. 

77.       The kitchen is to be designed in accordance with the requirements of the Food Standards Code.  Full details to be submitted with the Construction Certificate.

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Letter From Applicant 9 September 2010

25 Pages

 

AT‑2 View

Site Location Plans

2 Pages

 

AT‑3 View

Neighbour Notification Plan

1 Page

 


Planning and Building Committee Meeting 5 October 2010

 

Environmental Services Division Report No. 368

 

 

 

 

 

Reference:    Environmental Services Division Report No. 368

Subject:          41 Arabella Street, Longueville    

Record No:    DA10/50-01 - 36112/10

Author(s):       Stan Raymont 

 

 

Property:                                 41 Arabella Street, Longueville

 

DA No:                                     DA10/50

 

Date Lodged:                          Section 82A Review – 11 August 2010

 

Cost of Work:                          $1,600

 

Owner:                                                S.W. Porcaro & N.A. Ackarie

 

Applicant:                                A. Porcaro

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The proposal is a Section 82A Review of the determination of DA10/50, which refused consent for the erection of a 1.8m diameter satellite dish antenna on the roof of the dwelling house.

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

DOES DCP- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              37-39, 43, 45, 47, 58, 60, 62-64 Arabella Street; 3, 4, 5, 7 Christina Street and 4 Ann Street

Ward Councillors                    Central Ward and The Mayor

Progress Association             Longueville Residents Association

REASON FOR REFERRAL

The original development application for the 1.8m diameter satellite dish was refused under delegated authority.  The application has been called to Planning and Building Committee by Councillor Smith to allow the Councillors to consider the proposal.

EXECUTIVE SUMMARY

·     The application is a Section 82A Review of Determination which has been submitted following the refusal of DA10/50 for the erection of a 1.8m diameter aluminium mesh satellite dish antenna for international television reception on top of the eaves on the southern side of the two storey section of the dwelling house.  The application was refused for the following reasons:-

1.    The proposed satellite dish would be too prominent located on the two storey section of the dwelling house.

2.    The proposed satellite dish would adversely impact on the amenity of the nearby residents and the streetscape.

3.    The proposed satellite dish would create an undesirable precedent.

·     The original application sought to erect a 2.3m diameter dish in the same location.  This application attracted 5 objections.

·     The applicant was requested to submit an amended plan and relocate the dish to the rear.   The amended plan showed the dish reduced in diameter to 1.8m in the same location.  This amended proposal attracted 1 letter of objection.

·     The application was refused in July 2010.

·     The Section 82A Review was notified and 2 letters of objection were received.

·     The Section 82A Review is submitted to the Planning and Building Committee for review and determination.  The options available to the Planning and Building Committee are to reaffirm the original decision (refusal), approve without conditions, or approve subject to conditions.  In the event that the Planning and Building Committee favours the last option, draft conditions are provided.

BACKGROUND

Under the provisions of S82A of the EP&A Act, an applicant may request Council to review it’s determination.  Relevant detail follows which places the request in context.

SECTION 82A REVIEW

Section 82A of the Environmental Planning and Assessment Act is as follows:-

82A   Review of determination

“(1)    If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application.

 (3A)  In requesting a review, the applicant may make amendments to the development described in the original application;

(4)     The Council may review the determination if:

(c)   in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

(4A)   As a consequence of its review, the council may confirm or change the determination.

(5)     The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

(6)     If the council reviews the determination, the review must be made by:

(a)   if the determination was made by a delegate of the council - the council or another delegate of the council who is not subordinate to the delegate who made the determination, or

(b)   if the determination was made by the council - the council.

(7)     The council must give notice of the result of the review to the applicant as soon as practicable after the review.

(8)     If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.

(9)     If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

(10)   If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.

(11)   A decision on a review may not be further reviewed under this section.”

SITE

The subject site is located on the south-western corner of Christina Street and Arabella Streets.  The site rises about 7m from the Arabella Street frontage to the rear boundary.  There is a part one/ part two storey rendered masonry dwelling house with a pitched tiled roof on the site.  At the rear there is also a swimming pool and a double carport.

PROPOSAL

The proposal is a Section 82A Review of the Determination to refuse development consent to construct a 1.8m diameter aluminium mesh satellite dish antenna on top of the eaves on the south side of the dwelling house.  The application was refused for the following reasons:

1.    The proposed satellite dish would be too prominent located on the two storey section of the dwelling house.

2.    The proposed satellite dish would adversely impact on the amenity of the nearby residents and the streetscape.

3.    The proposed satellite dish would create an undesirable precedent.

The applicant owner has submitted the following with the request for a Section 82A Review and a copy is attached (AT-1):-

a)    Supporting arguments annexure;

b)    Statement of Environmental Effects dated 31 May 2010;

c)    Letter dated 31 May 2010; and

d)    Letter dated 9 June 2010 from Opac Pty. Ltd.

The applicant’s submission addresses each of the three reasons for refusal

PREVIOUS APPROVALS/HISTORY

The original proposal was to construct a 2.3m diameter aluminium satellite dish for international television reception on top of the eaves on the south side of the dwelling house.  The dish was to sit on top of a steel pole with the top of the satellite dish being 335mm below the roof ridge.

Five submissions were received in respect of this proposal.  Concerns were:-

a)    Loss of view;

b)    Health issues;

c)    Option of relocating dish; and

d)    Dish is too big.

The applicant was advised that the satellite dish as proposed would not be supported and a revised plan for a 1.8m diameter satellite dish was submitted.

The revised proposal was to construct a 1.8m diameter aluminium mesh satellite dish antenna for international television reception on top of the eaves on the south-western side of the dwelling house.  The dish was to sit on top of a steel pole attached to the wall of the dwelling house with the top of the satellite dish being 295mm above the front parapet wall and 930mm below the roof ridge.  The satellite dish was to be set back 1015mm from the south-western boundary.  The overall height of the structure was less than the maximum 9.5m height limit.

One submission was received to this proposal on the grounds of loss of views.

The application was refused as outlined previously in this report.

For Councillor’s assistance, a copy of the original report is attached (AT-2).

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

The Section 82A Review was notified and two (2) submissions were received. The issues raised in the submissions were:-

·     Obstruction of harbour views;

·     Adequate availability of alternate TV stations, no need is seen for the satellite dish;

·     The satellite dish forms another element of visual pollution, which should be reduced, not allowed to increase;

·     Not aware of any other satellite dishes in Longueville;

·     Excessive size;

·     The possible health impact caused by the structure;

·     The negative impact on amenity of the neighbourhood; and

·     Alternate locations are available, such as in the yard, on the garage or on a part of the roof that is less obtrusive.

Copies of the submissions to the proposal are provided for Councillor information. 

 

COUNCIL DCP REQUIREMENTS

Under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, roof mounted satellite dishes with dimensions of 900mm or less and no higher than 1.8m above the highest point on the roof are “exempt” from requiring development consent. 

Council’s Development Control Plan, does not contain any provisions relating to the siting or size of satellite dishes, once a development application is required.  Such applications require consideration on a merit basis, and issues such as streetscape, impact on neighbours must be taken onto account. 

 

OPTIONS FOR PLANNING AND BUILDING COMMITTEE TO CONSIDER

The three options available are:-

1.         Reaffirm the original decision of 12 July 2010 to refuse the proposal, for the reasons given in the original determination.

2.         Approve the application without conditions.

3.         Approve the application with conditions.  Appropriate draft conditions are contained in the following schedule should Council form the view the application should be approved.

Schedule of draft conditions:-

1.         That the development be strictly in accordance with the amended drawing submitted 31 May 2010 number 1A and prepared by One Dragon Audio Visual, except as amended by the following conditions:

2.         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. 

3.         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.

4.         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.

5.         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’.

CONCLUSION

The proposed satellite dish was refused under delegation given the negative impact on the amenity of the area.  The application is a Section 82A Review of the Determination.  The Section 82A Review was notified and 2 objections were received.  The Council DCP does not contain requirements for the erection of such structures.  The application is therefore submitted to Planning and Building Committee for review and determination.   Three options have been suggested in the preceding report for the Planning and Building Committee’s consideration.

 

 

RECOMMENDATION

 

That the request for a Section 82A Review be referred to the Planning and Building Committee for review and determination based on the options outlined above. 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Supporting Documents From Owner

8 Pages

 

AT‑2 View

Environmental Services Division Report No. 282 Dated 21 June 2010

5 Pages