Planning and Building Committee

5 October 2010, 8:14pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

Planning and Building Committee 5 October 2010







PRESENT:  Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor W. Gaffney, Councillor I. Longbottom, Councillor K. Mcilroy, Councillor A. Smith and Councillor R. Tudge.

ALSO PRESENT:  Executive Manager – Environmental Services, Manager – Development Assessment and Office Manager – Corporate Services.




The Mayor opened the Planning and Building Committee meeting and adjourned it for 10 minutes.



The Planning and Building Committee resumed at 8:24pm



Councillor Brooks-Horn was nominated for Chairperson by Councillor Longbottom.

Councillor Palmer was nominated by for Chairperson by Councillor Gaffney.

Councillors in favour of Councillor Brooks-Horn being elected Chairperson were asked to raise their right hand, for were Councillors Brooks-Horn and Longbottom.

Councillors in favour of Councillor Palmer being elected Chairperson were asked to raise their right hand, for were Councillors Forrest, Gaffney and Palmer.

Councillor Palmer was elected as Chairperson.






RESOLVED on the motion of Councillor Palmer and Longbottom that the minutes of the Planning and Building held on the 6 September 2010 be received and confirmed.


For the Motion were Councillors Brooks-Horn, Forrest, Gaffney, Longbottom and Palmer (Total 5).

Against the Motion was Nil (Total 0).


Environmental Services Division Reports


Environmental Services Division Report No. 343

SUBJECT: 516 Pacific Highway, Lane Cove North



RESOLVED on the motion of Councillors Longbottom and Palmer 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.



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.



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%.


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.



For the Motion were Councillors Brooks-Horn, Forrest, Gaffney, Longbottom and Palmer (Total 5).

Against the Motion was Nil (Total 0).



Environmental Services Division Report No. 368

SUBJECT: 41 Arabella Street, Longueville



RESOLVED on the motion of Councillors Gaffney and Longbottom that the matter be referred to the Inspection Committee meeting of the 30th October 2010.



For the Motion were Councillors Brooks-Horn, Forrest, Gaffney, Longbottom and Palmer (Total 5).

Against the Motion was Nil (Total 0).




The meeting closed at 9:06pm.


Confirmed at the Planning and Building Committee Meeting of 18th October 2010, at which meeting the signature herein is subscribed.






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