Ordinary Council Meeting

21 February 2011

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

not interested in any business recommended to be considered in

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

  commence consideration of all other business at 7pm.



Notice of Meeting


Dear Councillors


Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Monday

21 February 2011 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.


Yours faithfully

Peter Brown

General Manager


Council Meeting Procedures


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


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


Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.


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


Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.




Ordinary Council 21 February 2011















public forum


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







Orders Of The Day


2.       Order Of The Day No. 2

SUBJECT: Council and Committee Meeting Schedule - March 2011   


Corporate Services Division Reports


3.       Corporate Services Division Report No. 5

SUBJECT: 2nd Quarter Review of the Management Plan 2010 - 2013


4.       Corporate Services Division Report No. 6

SUBJECT: One Association Draft Constitution


5.       Corporate Services Division Report No. 8

SUBJECT: 2nd Quarter Review of the 2010 - 2011 Budget


Open Space and Urban Services Division Reports


6.       Open Space and Urban Services Division Report No. 4

SUBJECT: Draft Signage Strategy


Environmental Services Division Reports


7.       Environmental Services Division Report No. 520

SUBJECT: 24 Wallace Street, Greenwich


8.       Environmental Services Division Report No. 3

SUBJECT: Delegated Authority Report - January 2011  






Ordinary Council Meeting 21 February 2011

Order Of The Day No. 2



Reference:    Order Of The Day No. 2

Subject:          Council and Committee Meeting Schedule - March 2011 


Record No:    SU1915 - 5357/11

Author(s):       Kirsty Fleming 




The Council and Committee Meeting Schedule for March 2011 is proposed as follows:-


March                          5          Inspection Committee


March                          7          Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee


March                          21        Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee






That the Council and Committee Meeting Schedule for March 2011 be adopted.







Craig Wrightson

Executive Manager

Corporate Services Division




There are no supporting documents for this report.


Ordinary Council Meeting 21 February 2011

Corporate Services Division Report No. 5



Reference:    Corporate Services Division Report No. 5

Subject:          2nd Quarter Review of the Management Plan 2010 - 2013    

Record No:    SU238 - 5219/11

Author(s):       Ian  Naylor 



Executive Summary

The Local Government Act 1993 (NSW) requires Council to report on quarterly progress of the activities and projects listed in the Management Plan.  It is recommended that the report be received and noted.


This report discusses the highlights of the Second Quarter in 2010-2011 and provides a detailed analysis of the Second Quarter progress against the performance measurements adopted by Council in the 2010-2013 Management Plan, shown attached as AT-1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 


Some of the highlights for the quarter include:-


·     40 km/hr Scheme implemented in the Lane Cove Town Centre (October 2010);

·     Plant your Family Tree Pilot Project (October 2010);

·     Lane Cove Village Fair/Sustainability Lane a plastic bag free event (October 2010);

·     Mental Health Week- John Brogden Talk (October 2010)

·     Write to Wellness Project (October 2010);

·     Upgrade to Library Square (November 2010);

·     Lane Cove Public Art Policy and Implementation Plan adopted (November 2010);

·     Annual Report 2009/2010 produced and adopted (November 2010);

·     Responsible Dog Ownership Workshop (November 2010);

·     12 month LEP Review and DCP amended for exhibition (December 2010);

·     BookMyne Library Iphone App and local history streets website launched (December 2010);

·     Sustainable Coffee Cup Program launched (December 2010);

·     Cricket Pitch Replaced at Blackman Park (December 2010);

·     Construction of Burns Bay Boat Ramp Completed (December 2010);

·     Open Day at the Youth Centre for schools and Parks (December 2010);

·     Signage Strategy (December 2010);

·     Business Use of Footpath Policy placed on Public Exhibition (December 2010);




That the 2nd Quarter Review of the Management Plan 2010-2013 be received and noted.



Craig Wrightson

Executive Manager

Corporate Services Division



AT‑1 View

2nd Quarter Review of 2010 - 2013 Management Plan

25 Pages




Ordinary Council Meeting 21 February 2011

Corporate Services Division Report No. 6



Reference:    Corporate Services Division Report No. 6

Subject:          One Association Draft Constitution    

Record No:    SU896 - 5246/11

Author(s):       Ian  Naylor 



Executive Summary


Council has received correspondence from the Presidents of the Local Government Association of NSW and Shires Association of NSW providing Councils with a draft Constitution for comment with regards to the Associations forming One Association.  This report recommends that Council give consideration to the draft Constitution. 




The Local Government Association of NSW and Shires Association of NSW have been in discussions for some time on forming One Association to represent NSW Local Government.  A two (2) day convention was held last August with member councils to discuss recommendations from its taskforce on forming One Association.  The Mayor and General Manager represented Council at this convention.




The Presidents of the Local Government Association of NSW and Shires Association of NSW have sent Council a letter with a draft constitution (shown attached as AT1) for a new Association. The draft is generally consistent with the 27 principles adopted at the One Association Convention comprising member councils of both Associations held in August 2010.


There are still issues to be resolved including the membership status of the Local Aboriginal Land Councils. Executive Members of both Associations have also raised matters which need to be the subject of further consideration. There are also some drafting matters which need correcting.


The Associations in their letter have asked member councils to review the Draft Constitution and provide any further comments by 18th March.





That Council give consideration to the Draft Constitution for the Local Government Association of NSW and Shires Association of NSW forming One Association.







Craig Wrightson

Executive Manager

Corporate Services Division




AT‑1 View

One Association Draft Constitution

35 Pages




Ordinary Council Meeting 21 February 2011

Corporate Services Division Report No. 8



Reference:    Corporate Services Division Report No. 8

Subject:          2nd Quarter Review of the 2010 - 2011 Budget    

Record No:    SU757 - 5361/11

Author(s):       Craig Wrightson 



Executive Summary


The 2nd Quarter 2010/2011 Budget Review involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.



Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 30 December 2010.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2011, and the adopted Budget adjusted accordingly.



The following is a summary of Council’s adopted Budget for 2010 - 2011 and proposed following the adjustments included in this report:-


AAS 27 Format

Original Budget

Sept 2010

Dec 2010

Revised Budget

Expense from Continuing Operations





Revenue from Continuing Operations


 $ 97,000



Surplus/ (Deficit)



 $ 36,902


Capital Grants & Contributions


 $ 45,000


 $ 2,273,712








Attachment 1 provides a full list of adjustments. The major matters in the review include adjustments to depreciation ($114,400) and provision for grants obtained totalling $106,700. An additional $300,000 is required for the legal costs associated with the Aquatic Centre ceiling case and $100,000 for development application appeals, with five appeals currently in progress.  An extra $50,000 is provided for Development Approval consultants, required to assist in processing the larger than normal number of JRPP applications. $117,925 is included as a bad debt is respect of unpaid Rates for 24 Mars Road, for the first 6 months of the year. Due to difficulties with the equipment in the Market Square Car Park, revenue is projected to be $50,000 lower for the year, than projected. $40,000 has been provided for commencement of the Lane Cove Transport Study as per Council’s resolution of 24 October, 2010, to be funded from s94 contributions. Finally the Fire and Emergency Services Levy for the year is $31,908 over the budgeted amount. 


As mentioned above, Council has been successful in obtaining grants of $106,700. Development Application fee income is up $100,000 due to the larger than normal number of JRPP applications and investment income is up $200,000 due to the rises in interest rates.


The following table outlines the proposed aggregate changes to program areas in the budget which contributes to the above, it combines changes to the Operating and Capital budgets.


Prog No.





Administration - Corporate services

 $ 42,925



Public Libraries




Community Centres




Swimming Pools

 $ 450,000



Parks Administration

 $ (4,400)




 $ 27,000



Sporting Grounds

 $ -



Development Control

 $ 50,000



ESD Admin & Inspection

 $ (5,000)




 $ 2,500



Fire Protection

 $ 31,908



Eng & Supports

 $ 35,000







Ancillary Roads

 $ (222,000)



Parking Meters





 $ 1,300



Household Garbage

 $ 60,000



Other Comm. Activies








General Purpose Revenue




Joint Ventures Income




Net Budget Variation - Surplus






Statutory Report


In accordance with Clause 7(2) of the Local Government (Financial Management) Regulation 1999, I Craig Wrightson, Responsible Accounting Officer hereby certify that the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure.






That the 2010 – 2011 Budget be varied in terms of the report







Craig Wrightson

Executive Manager

Corporate Services Division




AT‑1 View

Proposed Budget Adjustments to 31 December 2010 - 2nd Quarter Budget Review

1 Page


AT‑2 View

Balance Sheet and Income Statement to 31 December 2010 - 2nd Quarter Budget Review

2 Pages




Ordinary Council Meeting 21 February 2011

Open Space and Urban Services Division Report No. 4



Reference:    Open Space and Urban Services Division Report No. 4

Subject:          Draft Signage Strategy    

Record No:    SU2955 - 5385/11

Author(s):       Susan  Butler 



Executive Summary


The Draft Signage Strategy has been on public exhibition and a number of submissions have been received. Some minor amendments have been made to the draft Strategy following the comments received during consultation.  This report recommends that the amended Signage Strategy dated February 2011 be adopted.




Council resolved at its meeting of 19th April 2010 that a report be brought back on the development of a Municipal wide signage strategy incorporating a suite of signs with common elements or themes, and with funding options for the strategy. A Draft Signage Strategy was prepared and presented to Council at its meeting on 1 November 2010, and at this meeting Council resolved:-


1.    Council receive and note the draft Signage Strategy;

2.    The draft Signage Strategy be placed on public exhibition for a period of 6 weeks, in accordance with the consultation strategy outlined in the report;

3.    A report come back to Council following the exhibition period outlining any recommended changes and amendments to the draft Signage Strategy;

4.    Council provide suitable funding in the next budget review to engage an experienced Signage Consultant that will form a set of guiding principles, develop graphic standards and detailed signage format specifications to assist with implementing key components of the Signage Strategy; and

5.    Council continue to apply for appropriate State and Federal Government funding grants to implement the actions from the Signage Strategy, including the use of an experienced Signage Consultant”.




The Draft Signage Strategy was placed on public exhibition at the Civic Centre and Lane Cove and Greenwich Libraries and on Council’s website from 25 November 2010. An e-newsletter was sent out on 8 December 2010 and an advertisement placed on the North Shore Times on 3 December 2010. The exhibition period ran until 31 January 2011. Reponses were received from 4 groups and 6 individuals. Below is a summary of the submissions.



Summary of Key Points Made in Submission



Is the plan to replace all existing signage or is this a plan for future signage? What is the estimated cost of this? Is there evidence that increased signage improves or increases use of parks please?

The plan is for future signage to replace missing signs that have been vandalised, replace existing signs when they have reached the end of their useful life and for new signs in specific locations where a need has been identified, such as at Blackman Park. It is not the intention to increase the signage. No costs have been identified as yet, as the sign design has been done yet.


In general support the draft strategy. Council policy of minimising the number of signs is maintained in the draft policy - should improve the quality and consistency.

Under 'Implementation' there should be a provision for an implementation plan with priorities as well as a methodology for actioning an urgent requirement to erect, modify or remove a sign that is outside the normal bureaucratic approval and sign creation process.

Included in Key Issues – Location.


Implementation Plan to be developed once Signage Manual has been completed (June 2011).


Not so much concerned about the signage strategy but more about the basic maintenance of footpaths, roads and street sweeping - dissatisfied with the basic and general maintenance.

Footpath and road budgets to be increased in 2011/12. Infrastructure levy would see further work undertaken.

Lane Cove Alive

Need to observe accepted urban design standards and principles Council may benefit from inviting an independent Urban Designer to give a presentation/ workshop on contemporary public domain design principles.


Recommends that consideration be given to promoting consistency of design elements in the Village public domain - elements to be considered include such aspects as paving, street furniture, lighting, signage, seating and shade structures.


Concerned about the use of large surface areas of primary colours in new and refurbished developments. If this is to be a continued practice over time, the overall presentation of the Village will be adversely impacted.

Comments noted and will be addressed separately to this strategy. Council will be employing an Urban Designer to review design principles and public domain work to be undertaken throughout LGA.



Austin St has 72 signs on many poles, all shapes, sizes, colours and heights, along 100 metres of footpath and roadway.

1. The number of signs make the road clearly dangerous.

2. The signs are positioned on too many posts, are too high and are of too many different colours and styles.

Please pull down the signs and poles, put multiple signs on fewer posts and make the School and parents responsible for coming up with their own system that ensures the safety of their children.

Can this 100 metres of street made beautiful with some plantings of trees and shrubs?

Recent audit of signs along Austin St and Longueville Rd had reduced number of signs substantially. Signs retained are predominantly regulatory and required by the RTA.


For signs to be useful, they need to be placed throughout the Lane Cove Area and not just in certain locations. Signs have to be used/placed consistently to educate the public.

Included in Key Issues – Location.

Bushland Management Advisory Committee

1. Tracks should be numbered to coincide with the numbers in Council's publication "Bushwalks in Lane Cove" to assist a large number of residents and visitors in enjoying our reserves and in being confident about finding their way around.

2. Some tracks are part of larger walks promoted by other organisations such as the Harbour Circle Walk and the Great North Walk and should include appropriate symbols.

Under 3, Key Issues/Design the following (4th bullet point) should be amended Number of signs to be kept to a minimum. This should refer to the number of signs in any one location i.e. regulatory and other signage should be consolidated rather than proliferate with many individual signs.

4. With its significant interest in, and responsibility towards, the management of bushland reserves BMAC would like to be involved in reviewing the draft detailed signage and standards as they are developed.

Hope Strategy will eventually lead to a coherent set of guidelines for signage and the allocation of funding to both upgrade the existing outdated signage and install new signage for the better management and use of bushland in Lane Cove.

Numbering on new signs will be consistent with Bushwalks book.





Symbols will be included as required.



Amendment made.








Request noted. Comments will be sought in consultation process.




Strategy goals.



Lane Cove Bushland & Conservation Society

In Section 2.2, Associated Documents.

Draft Community Strategy should be included with a note that it is in its final stages of completion before adoption by Council.


Section 3, Key Issues

As some tracks within the bushland reserves are included as part of longer routes promoted by other organisations − eg the Harbour Circle Walk − that space should be provided on signs for the inclusion of a standard "walking" symbol and arrow indicating that the track is part of the longer route.


Section 6 Action Plan. There is no timetable as part of this section and we would like to see one added indicating the Signage Strategy is adopted before the end of May and that signs start being created early in the new financial year. The Reviews and Priority Lists would obviously have to occur during the time that the Strategy is being tendered on.


Signage has become one of the major visual elements in the community - need a coherent position, not only to those included in this strategy but ALL signs, including street parking and other safety signage that intrudes into our every day life.

Included in 2.2 Plan Context.





Symbols will be included.









Timetable for implementation will be developed once Signage Manual has been completed.






Comment noted. However, parking and safety signage referred to is administered by the RTA.

Lane Cove North Residents Association













- The existing style in format and graphics in street signage is appropriate and meets the criteria of high legibility with good contrast between the lettering and background. Support a colour which is unobtrusive in the bushland reserves and parks as long as legibility remains high - grey/green tones ranging to deep green/blues are preferable as they complement surrounding natural and landscaped open areas.

- Would like to see more opportunity provided for genuine community consultation in the development of a coherent public domain style.

- Do not agree that the recent signs used for the town centre entry and the arcade signs should be used as prototypes for further development of a public domain style. The leaf shaped signs in the Plaza and at the arcades fail to meet important criteria in design, colour and in the consideration of best value. Believe the cost of these signs is poor value and that the standard of service provided by them does not justify this cost.

Included in Key Issues Design.







Finalisation of Town Centre Public Domain Master Plan will involve public exhibition.


Staff disagree with these comments.






Lane Cove North Residents Association


- Information - Question the appropriateness of allowing logos of companies and partner associations to appear on signage on public property and in public spaces, serving only to promote business and commercial interests.

- Design - Agree that signs need a co-ordinated design that enhances the visual quality. Do not agree that Lane Cove should necessarily be distinguished by its signage if this entails using bright colours and irregular shapes simply to appear innovative.

- Council should aspire to design features in signage that reflect the distinct character of Lane Cove and these should be decided in consultation with the community.

- Imperative to avoid visual and physical cluttering of the streetscapes and public spaces with signs, flags and banners.

- Advertising for regular events should be limited to a few days beforehand and flags and banners should be limited in number to avoid restricting access and amenity in and around the village centre. Attaching of flags and banners to poles in the town centre should be restricted to the lead up and duration of special festivals and community events.

- Location - agree with these principles, in particular the prevention of the unnecessary proliferation of signs.

- Implementation - Maintenance of signs is necessary not only to avoid wear and tear but also to keep information up to date.

- Should include ‘Accessibility’ - maximising legibility, taking into consideration adequate size of graphics, good graphics to background contrast, low glare colours and surfaces and use of symbols to enhance messages about directions and services provided.

- Sign formats for each of the sign types - importance of environmental sustainability being given a high priority in choice of materials used to ensure durability and reduction of our community’s carbon footprint.

Logos of partner association used, consistent with Sponsorship Policy.







Council does do this.



Included in Key Issues – Location.


Comment noted and will be addressed separately to this strategy.





Included in key Issues – Location.


Included in Key Issues – Implementation.


Included in Key issues – Design.




Included in Key Issues – Implementation.



Very much favour a Policy which encourages consistency of style/appearance, simple grammar and expression (ie Plain English, not wordiness), minimal possible signage around Lane Cove, to avoid adding to “visual pollution”.

See strategy objective in 1.1, included in 3 Key Issues – Information & Design.


The responses have been considered and the draft Signage Strategy has been amended in parts. The amended Strategy is attached as AT-1.


An experienced Signage Consultant has been engaged to develop graphics standards and detailed specifications for manufacture. The cost of the signs themselves varies according to the size, materials and graphics and their installation can be done progressively on a priority basis. Applications will continue to be made for funding to develop the signage strategy further and to contribute to the cost of the signs as an ongoing project.




The submissions have been reviewed and a number of minor changes have been made to the draft strategy. The proposed signage strategy is now ready for adoption by council.







1.      The amended Signage Strategy shown attached as AT-1 and dated February 2011 be adopted; and

2.      Council advise the persons who lodged submissions of the outcome.







Wayne Rylands

Executive Manager

Open Space and Urban Services Division




AT‑1 View

Lane Cove Signage Strategy - February 2011

7 Pages




Ordinary Council Meeting 21 February 2011

Environmental Services Division Report No. 520



Reference:    Environmental Services Division Report No. 520

Subject:          24 Wallace Street, Greenwich    

Record No:    DA10/183-01 - 54424/10

Author(s):       May  Li 



Property:                     24 Wallace Street, Greenwich


DA No:                         183/2010


Date Lodged:              20 August 2010


Cost of Work:              $1,050,000


Owner:                                    G & C Carroll


Applicant:                    As above




Demolition of the existing dwelling house, carport, and swimming pool and construction of a dwelling house, an attached carport and a swimming pool



R2 – Low Density Residential




No.  However the site is adjacent to a heritage item located at 22 Wallace Street, and 41 George Street, Greenwich



Yes – The site is located within Greenwich Point conservation area





Class 1a, 10a and 10b



Yes -66 days


Neighbours:                 30-34, 37-41 George Street, 5 & 9 Mitchell Street, 18-22 Wallace Street, 24-28 Upper Serpentine, Road, Greenwich

Ward Councillors       Councillor Brooks-Horn, Gaffney (Mayor), Palmer, and Tudge

Progress Association   Greenwich Community Association Inc, Lane Cove





The development application has been flagged by Councillor Forrest and Councillor Tudge due to the concerns raised by neighbours of the proposed development. The owners have lodged an appeal to the Land and Environment Court for deemed refusal and as such the application has been brought before Council for determination.



·     The proposal involves demolition of the existing dwelling house and the swimming pool, construction of a dwelling house with double carport and a swimming pool.

·     The property is located in the Greenwich Conservation Area, however is adjoining a heritage item at 22 Wallace Street and 41 George Street.

·     The original design proposed a double garage located within the front setback area.  It did not comply with the FSR standard of the Lane Cove Local Environmental Plan 2009 (the LEP) and the building height, front setback, side setback, and landscaping requirements of the Lane Cove Development Control Plan (the DCP). 

·     The amended proposal has reduced the FSR to comply with the LEP and converted the garage to a double carport with trafficable roof for outdoor recreation.  The carport with a trafficable roof does not comply with the DCP and is not supported.

·     The application was notified.  7 submissions were received to the original proposal and 6 objections were received to the amended plans.  Reasons for objection included:-


Loss of views;

Bulk and scale of proposed building

Over shadowing;

Over looking; and

Visual impact from Lane Cove River.

·     The owners of the property have lodged an appeal to Land and Environment Court for deemed refusal of development application on 16 December 2010.

·     A Section 34 conference was carried out on site by the Land and Environment Court on 9 February 2011 and the applicant has provided further amendments to the proposal including lowering the height of the entire building by 300mm.  

·     Consent is recommended subject to standard conditions and a specific draft condition requiring the deletion of the terrace over the carport. 




The site is located on the southern side of Wallace Street to the west of Mitchell Street in Greenwich.  It is at the lower end of Wallace Street adjoining the footpath of the unformed portion of Upper Serpentine Road.  The land to the front of the site falls steeply to the Greenwich Reserve on the foreshore of the Lane Cove River. 


The slope of the site falls from its south-eastern corner at the rear to the north-western corner at the front by approximately 3.3m. 


An existing two storey dwelling house with a double carport and an in-ground swimming pool are located on the site.  An approved existing double carport with a trafficable roof located at the front of site.  There is no building located to the west of the site towards Lane Cove River and the existing house enjoys significant views of the Lane Cove River.


Surrounding development comprises single and two storey dwelling houses.  The site shares its boundaries with 22 Wallace Street, 39 and 41 George Street, Greenwich.  22 Wallace Street and 41 George Street are heritage items listed in the LEP.  (B28 and B30).


The site is located within the Greenwich Conservation Area indentified in the LEP.  Site Location Plans and Neighbour Notification Plans attached (AT-1 – AT-2).




The original proposal involved the following works:-

·     Demolition of the existing structures including the dwelling house, the carport and the swimming pool; and

·     Construction of a dwelling house, garage with a trafficable roof and an in-ground swimming pool.


Following an initial assessment of the proposal, the applicant amended the proposal.  The amendments included increasing the front setback of the dwelling house to Wallace Street by an additional 400mm and converting the garage to a double carport with trafficable roof.


At the Section 34 conference, the following further amendments were agreed to by the applicant:-

·     The height of the entire building to be lowered by 300mm, so that the whole building does not exceed RL 39.531.

·     Increase setback of the rear balcony on the first floor to the eastern boundary by an additional 1.2m, in line with the shape of the terrace on the ground floor level.

·     The installation of a privacy screen at the front entrance of the dwelling house.

·     The installation of obscured glass to two windows on the first floor on the east elevation (windows to Bedroom 4 and the void area).


The above amendments have not been marked on the plans.  However, they could be considered and conditioned in the development consent if Council is of a mind to approve the application.




Previous applications lodged for the site included a combined development and building application D124/90 for alterations and additions to the existing dwelling house (Approved on 4 March 1990).  The existing carport with a trafficable roof top terrace was included in the consent.


Council’s Dwelling House Code prohibited trafficable carport roofs since at least September 2000, and was included in the Dwelling House Code of August 2002 (Clause 3.7(3)(iii).




Site Area (528m2)


Lane Cove Local Environmental Plan 2009






Floor Space Ratio




Height of Buildings






Lane Cove Development Control Plan






Front setback (min)


Consistent with area (6.5m) or 7.5m

Yes (6.5m)

Secondary street setback (corner lots)




Side setback (min)


1.5m for 2 storey dwelling house


Rear setback (min)


<1000m²: 8m


Wall Height (max)




Subfloor height (max)




Number of Storeys (max)




Landscaped area (min)



No.  Can be conditioned to comply

Solar Access

More than 3 hours

3 hrs to north-facing windows


Deck/Balcony depth (max)




Private open space


24 m² (min)

4m minimum depth









Front fence height (max)

1.2m (metal paling with brick piers)

Solid:             900mm

Lightweight:   1.2m


Piers width (max)





Car Parking






Off-street spaces (min)



Driveway width


3m at the lot boundary


However, the variation is supported given the constraints of the site.


Carports within the front setback & Garages facing the street






Setback of Carport Posts (min)


1m from street boundary


% of Allotment Width (garages & carports)

60% of the site frontage (5.5m)

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

No.  However, the variation is supported given the constraint of the site.

Carport roof

Trafficable roof proposed

No trafficable roof as per Council policy.



Private Swimming Pools






Setback to Neighbour’s House (min)


3m to waterline


Setback to boundary (min)

1.7m to waterline

1m to waterline


Height (max)

(steeply sloping sites)





Setback from boundary if coping is above ground level (existing)(min)


Coping to be set back at a ratio of 1:1


Setback from trees >5m in height (min)

Less than 5m


No.  However, the Tree Assessment Officer raised no objection to the location of the proposed swimming pool



Manager Urban Design and Assets

The development engineer has reviewed the proposal and advised that no OSD is required as the site is within the OSD exclusion area.  The applicant is proposing a 15.5m3 rainwater reuse system in favour of the site

The development engineer has endorsed the application and provided draft conditions. (See draft conditions 35-55).

Manager Open Space

The Tree Assessment Officer has noted that the site is affected by the Sydney Harbour Foreshore Development Control Plan. The proposed development is similar to the existing development on site in size and nature. The proposed works would not result in any negative landscape or ecological issues on the site or to neighbouring allotments.

No objections were raised to the removal of the Cocos Palm tree and another small tree on the site.  The proposed landscape concept plan is considered satisfactory and should be adopted as part of the development. 

The Jacaranda tree located on the allotment must be protected for the duration of the proposed development.

The Tree Assessment Officer has endorsed the application and provided draft conditions of consent.  (See draft conditions 56-62).


Council’s heritage adviser advised that the site is not listed as a heritage and there is insufficient integrity remaining of the original structure to justify its retention.

The heritage adviser raised objections to the original design relating to the building setback and the garage as it relates to the Heritage Conservation Area streetscape.

Amended plans were submitted and the heritage adviser raised no objections to the amended design.




Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Harbour REP) covers all the waterways of the Harbour, the foreshores and entire catchment.  It establishes a set of planning principles to be used by councils for the preparation of planning instruments, for the hydrological catchment of the Harbour. It also zones the waterways into nine different zones to suit the differing environmental characteristics and land uses of the harbour and its tributaries.

The Harbour REP includes a range of matters for consideration by consent authorities assessing development within the Foreshores and Waterways Area of the Plan. These are aimed at ensuring better and consistent development decisions and include such issues as ecological and scenic quality, built form and design, maintenance of views, public access and recreation and working harbour uses. The REP includes provisions relating to heritage conservation and wetlands protection and provides planning controls for strategic foreshore sites.


Division 2 of the REP lists the matters for consideration during the assessment.  The relevant clauses in the division are discussed as below:


Clause 20       General


The matters referred to in this Division (together with any other relevant matters):

a)         are to be taken into consideration by consent authorities before granting consent to development under Part 4 of the Act, and

b)         are to be taken into consideration by public authorities and others before they carry out activities to which Part 5 of the Act applies


The clause was taken into consideration during the assessment process.

Clause 25       Foreshore and Waterways Scenic Quality

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows:-

a)         the scale, form, design and siting of any building should be based on an analysis of:

i)     the land on which it is to be erected, and

ii)     the adjoining land, and

iii)    the likely future character of the locality,

b)         development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,

c)         the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores.


The proposed dwelling house is of a modern design, however it would be of a similar height and scale to the existing dwelling house.  The site set back some distance from the foreshore and would not have a prominent visual impact to the riverscape of Lane Cove River.

Clause 26       Maintenance, Protection and Enhancement of Views

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of views are as follows:-

a)         development should maintain, protect and enhance views (including night views) to and from Sydney Harbour,

b)         development should minimise any adverse impacts on views and vistas to and from public places, landmarks and heritage items,

c)         the cumulative impact of development on views should be minimised.


There are existing views to the Lane Cove River from Wallace Street and the adjoining dwelling houses.  The proposed dwelling house is in a similar location to the existing dwelling house and would not obstruct views from the adjoining properties and public places.  The proposal complies with this clause of the REP.


Sydney Harbour Foreshores and Waterways Area Development Control Plan


The proposed dwelling house is of a similar height and scale to the existing dwelling house. 


The proposed landscaping plan for the site has been endorsed by Council’s Tree Management Officer and the proposal is considered to satisfy the design and landscaping requirements of the DCP.


Lane Cove LOCAL Environmental Plan 2009


The proposed development does not change the existing land use of the site for a dwelling house and complies with the aims and objectives of the LEP.


Other Planning Instruments


Lane Cove Development Control Plan


The compliance to the requirements of the DCP has been outlined in the compliance table in the previous section of the report.


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


As outlined in the compliance table, the proposed development does not comply with the overall wall height, landscape and driveway width requirements of the DCP.  The proposal seeks approval for a carport with a trafficable roof which also does not comply with the DCP or Council policy.  Each of the departures is discussed below:-


The proposed landscaping is assessed at 33% of the site.  Areas with a width less than 1m are not included in the landscaping calculation.  A draft condition requiring additional landscaping would be included recommendation, if the application is approved.  This would be achieved by the reduction in paved areas on the site. (See draft condition 2(f)).

Wall Height

The proposal exceeds the 7.0m wall height requirement of the DCP by 0.3m.  This is a reduction on the original .6m exceedence, following the Section 34 Conference on the site.  The non-compliant section is at the front of the building on the west elevation.  The eastern wall height is 6.7m.  The variation is considered acceptable for the following reasons:-

·     The slope of the site falls from its east boundary to the west boundary by approximately 1m.

·     The building complies with the overall building height standard of the LEP.

·     The width of the non-compliant section is 4.4m out of 16m of the west elevation.

·     The proposed building would not create a significant shadowing impact to the adjoining property to the east at 22 Wallace Street.

·     The variation is considered minor and would not have a significant visual impact to the adjoining properties and the streetscape.

The Width of Driveway

The DCP states the width of the driveway at the lot boundary should not exceed 3m.  The proposed driveway is 5.5m wide.  The site is located at the lower end of the street.  Wallace Street is a narrow street and a wider driveway is necessary for vehicle manoeuvring.  The variation is supported.  Council’s engineers did not object to this aspect of the proposal.

The Width of the Carport

The DCP states that carport facing the street should not exceed 50% of the lot width or 6m whichever is lesser.

The lot width of the site is 9.8m and the width of the proposed carport is 6.6m.  Given that there is no on street parking available at the front of the site and the narrow width of the site, it is considered reasonable that the owners of the site have a double carport which exceeds 50% of their lot width, in this instance.  However, the width of the carport should be reduced to 6m to reduce the degree of visual impact to the streetscape.  The reduction of the carport width would also improve compliance with the landscaping requirement of the DCP.

The Roof of the Carport


The DCP states the objectives for car parking are:-

1.    To provide off street parking for residents.

2.    To ensure that the design of car parking structures is consistent with the dwelling and has minimal impact on the streetscape.


The DCP and Council policy require that carports have an open design and not have a trafficable roof.  


The proposal involves construction of a new dwelling house and, notwithstanding the previous carport on the site was approved in 1990.  Council’s current development control plan does not permit carports with trafficable roofs on amenity and aesthetic grounds. 


The proposed carport roof/terrace has a solid stone and glass balustrade.  This has the effect of increasing the bulk and the scale of the carport structure within the front building line.  The structure is considered out of character with Wallace Street and the conservation area.  Approval of the trafficable roof would set an undesirable precedent to developments in the conservation area and is not in keeping with recent Council determinations in relation to trafficable garage and carport roofs.  (See draft condition 2(b)).  As the site provides ample private open space at the rear of the dwelling house, special consideration is not considered appropriate.




The development proposal was notified in accordance with Council’s notification policy.  The original proposal was notified between 24 August 2010 and 8 September 2010 and the amended proposal was notified between 17 November 2010 and 1 December 2010.  7 submissions were received in response to the original proposal and 6 to the amended proposal.  The issues raised in the submission can be summarised as follows.

·     Loss of Views


The objection is acknowledged but not supported. The site is located at the lower end of Wallace Street.  The top of the planter on the proposed carport is at RL33.12m and is lower than the finished floor level of the front patio (at RL33.27m) of 22 Wallace Street.  The front setback on the ground floor of the proposed dwelling house has been increased by 400mm from the existing dwelling house.  The proposed building would not have a significant impact to the existing view corridor of 22 Wallace Street, and view loss is minor and reasonable in the circumstances.  Lane Cove Council supports view sharing principles.

·     Over Shadowing


The site is located at the lower end of Wallace and there is no adjoining building to the west of the proposed dwelling house.  22 Wallace Street is located to the east of the site.  The proposed dwelling house would not create any shadowing to the north facing (front elevation) windows of the adjoining dwelling house at 22 Wallace Street.  Notwithstanding that there would be afternoon overshadowing of 22 Wallace Street, the proposal complies with the minimum solar access requirements of the DCP.

·     Over Looking


The applicant has agreed to install obscured glass to the window panels on the first floor on the east

elevation (bedroom 4 and void area) to address the over looking impact to 22 Wallace Street. (See draft condition 2(h).  Such measures would satisfactorily address the concern raised and are supported.

·     Visual Impact from Lane Cove River


The proposed dwelling house would have a three storey appearance from Lane Cove River.  This elevation features the carport structure and 2 levels of residential over and behind.  The front elevation is similar to the existing building.  Part of the third storey is contained in partial excavation and the building meets the overall height requirement.  There are a number of three storey buildings fronting onto the Lane Cove River and it is not considered that the proposal would not be out of character when viewed from the river.; 

·     Streetscape and Impact of Trafficable Roof on Carport


It is agreed that the design of the proposed carport is not compatible with the streetscape, is contrary to Council’s DCP and is not supported for potential adverse impacts to local amenity and aesthetics.




The matters in relation to Section 79C of Environmental Planning and Assessment 1979 have been taken into consideration during the application process.  It has been confirmed by Council’s Heritage Adviser that the demolition of the existing dwelling house would not create a loss of heritage significance of the conservation area.  With amendments proposed by the applicant and, addressed with draft conditions within this report, the building height and the scale of the proposed development are considered acceptable.  However, the design of the proposed carport is contrary to Council’s DCP, is not compatible with the streetscape in the conservation area has potential to adversely impact on amenity and streetscape.  The trafficable carport roof is not supported and is recommended to be amended so as to not be trafficable and better blend with the proposed dwelling house. 





THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 183/2010 for the demolition of the existing dwelling house, carport, and the swimming pool and construction of a dwelling house with an attached double carport, and a swimming pool on Lot 19, DP 78475 and known as 24 Wallace Street, Greenwich subject to the following conditions:-

General Conditions

1.       (20) That the development be strictly in accordance with the following drawings dated 12/11/10, prepared by Corben Architects except as amended by the following conditions.

-       Roof/Site Plan, DA-01, Revision B;

-       First Floor Plan, DA-02, Revision B;

-       Ground Floor Plan, DA-03, Revision B;

-       Basement Plan, DA-04, Revision B;

-       North Elevation, DA-06, Revision B;

-       South Elevation, DA-07, Revision B;

-       East Elevation, DA-08, Revision B;

-       West Elevation, DA-09, Revision B;

-       Section A, DA-10, Revision B;

-       Section B, DA-11, Revision B;

-       Landscape concept plan prepared by Spit Level Designs (Drwg No: LP01).

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

a)      The entire building height must be lowered by 300mm with the maximum ridge height not to exceed RL 39.531.

b)      The trafficable roof/ terrace over the carport must be deleted and replaced with a non-trafficable roof. 

c)      The maximum width of the carport is not to exceed 6m.

d)      The rear first floor balcony is to be setback an additional 1.2m from the eastern edge of the dwelling house.  (Total setback to be 2.7m from the boundary).

e)      A privacy screen must be installed at the eastern end of the rear balcony on the first floor.

f)       A minimum of 35% of landscaping must be provided on the site.  Landscaped area means part of a site used for growing plants, grasses and trees, but does not included any building, structure or hard paved area.  A minimum width of 1m is required for inclusion as landscaped area.

g)      A 1.7m high privacy screen must be installed in front of the main entrance of the dwelling house. The screen is capable of providing privacy to the entrance to the proposed dwelling house.

h)      The windows of Bedroom 4 and the void area on the first floor of the east elevation must be of obscured glass panels.

3.       All metal deck roofs must be 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.

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

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

The consent authority or a private accredited certifier must:-

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

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

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

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

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

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

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

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

12.     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.

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

14.     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

g)      Pool reinforcement prior to placement of concrete.

h)      The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)        Stormwater drainage lines prior to backfilling.

j)        Completion.

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

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

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

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

b)      That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 1993, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.


17.     The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

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

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

19.     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.

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

21.     Additions not being used for commercial, industrial purposes or for separate occupation.

22.     A check survey certificate is to be submitted at the completion of:-

a)         The establishment of the first floor level;

b)         The roof framing; and

c)         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.


23.     The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

24.    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.


25.     The proposed works must be confined within the boundaries of the site.

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

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

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

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

30.     Compliance with the Waste Management Plan submitted with the development application.

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

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

33.     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%.


34.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.



General Engineering Conditions

35.     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.

36.     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. 

37.     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.

38.     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.

39.     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.

40.     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.

41.     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’.

42.     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.

43.     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.

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

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

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


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


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

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

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

Engineering Conditions to be Complied With Prior to Construction Certificate

48.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered SY100162 pages 1-3 prepared by ACOR Consultants dated 13-05-10.

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.

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

The applicant shall:-

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

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

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

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

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

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

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

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

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

51.       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

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

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

Engineering Condition to be Complied With Prior to Commencement Of Construction

54.     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 generally in accordance with the plans numbered H2.01 & H2.02 prepared by ACOR Consulting and dated 13-05-10. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

55.     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. 

Landscaping Conditions

56.     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.

57.     The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

58.     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.

59.     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.

60.     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

61.     The Jacaranda tree must be retained. The trunk of the Jacaranda tree must be protected during the demolition and construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE and/or demolition works.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Site Location Plan

2 Pages


AT‑2 View

Revised Neighbour Notification Plan

2 Pages




Ordinary Council Meeting 21 February 2011

Environmental Services Division Report No. 3



Reference:    Environmental Services Division Report No. 3

Subject:          Delegated Authority Report - January 2011    

Record No:    SU1863 - 5292/11

Author(s):       Angela  Panich 




During the month of January a total of 27 Development Applications were determined under delegation by staff.  In addition 12 Privately Certified Constructions Certificates were issued.  There were 14 Privately Certified Complying Developments and one (1) by Council.


Developments under the new State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in January were:-


            118-120 Pacific Highway, Greenwich             -           Office Fitout;

            154 Pacific Highway, Greenwich                    -           Office Fitout;  

            27 Lane Cove Plaza, Lane Cove                    -           Use as kebab shop;

            14 Private Road, Northwood                           -           Alterations and Additions;      

            154 Pacific Highway, Greenwich                    -           Commercial;

            89 Riverview Street, Riverview                       -           Deck/Verandah;

            40 King William Street, Greenwich                 -           Dwelling;

            4/156-158 Pacific Highway, Greenwich          -           Office Fitout;

            66 Pacific Highway, St Leonards                    -           Fire alarm monitoring system;

            18 Garling Street, Lane Cove                         -           Inground Pool;

            96 Greenwich Road, Greenwich                    -           Alterations and Additions;

            19 Garling Street, Lane Cove West                -           Inground Pool;

            29-57 Christie Street, St Leonards                 -           Commercial;

            28 Taleeban Road, Riverview             -           Inground Pool; and

            34 King William Street, Greenwich                 -           Deck/Verandah.






That the report be received and noted.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

List of Applications Determined for January 2011

4 Pages