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Agenda

Planning and Building

Committee Meeting

7 March 2011, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee, to be held in the Council Chambers on Monday 7 March 2011 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

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

 

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

 

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

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 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.

 

 

 

 


Planning and Building Committee 7 March 2011

TABLE OF CONTENTS

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING – 15 NOVEMBER 2010

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 5

SUBJECT: Delegated Authority Report - February 2011

 

3.       Environmental Services Division Report No. 25

SUBJECT: 1A Francis Street, Longueville  

 

 

 

                      


Planning and Building Committee Meeting 7 March 2011

Environmental Services Division Report No. 5

 

 

Reference:    Environmental Services Division Report No. 5

Subject:          Delegated Authority Report - February 2011    

Record No:    SU1863 - 7447/11

Author(s):       Angela Panich 

 

 

 

 

During the month of February 2011 a total of 25 Development Applications were determined under delegation by staff.  In addition one (1) Construction Certificate and 15 Privately Certified Construction Certificates were issued.  There were three (3) Privately Certified Complying Developments and one (1) by Council.

 

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

 

           

CD No

Address

Description of Work

CD3/11

19 Garling Street, Lane Cove West

Demolition of single storey dwelling

CD16/11

12 Mars Road, Lane Cove West

Internal alterations to the existing office/ warehouse building.

CD17/11

2 Best Street, Lane Cove

Installation of fibreglass swimming pool

CD18/11

17 Roslyn Street, Lane Cove North

Alterations and additions to the existing single storey dwelling

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of Applications Determined for February 2011

4 Pages

 

 


Planning and Building Committee Meeting 7 March 2011

Environmental Services Division Report No. 25

 

 

Reference:    Environmental Services Division Report No. 25

Subject:          1A Francis Street, Longueville    

Record No:    DA10/287-01 - 6304/11

Author(s):       Andrew Thomas 

 

 

Property:                     1A Francis Street, Longueville

 

DA No:                         287/10

 

Date Lodged:              7.12.10

 

Cost of Work:              $7,000

 

Owner:                                    K T H Dang

 

Applicant:                    Kieu Dang

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

First floor balcony

ZONE

R2 : Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

 

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class1A

STOP THE CLOCK USED

Yes: 3.2.11 – 23.2.11

NOTIFICATION

Neighbours                  1 and 2 Francis Street; 52, 54, 56 and 58 Kenneth Street; 3 and 5 Ann Street; and 53, 55 and 57 Arabella Street.

Ward Councillors        Central

Progress Association Longueville Residents

Other Interest Groups N/A

 

REASON FOR REFERRAL

 

This application has been called to the Planning and Building Committee by Councillors Forrest and Smith in relation to impacts on the building line and an adjoining owner’s concerns regarding potential loss of iconic views.

 

EXECUTIVE SUMMARY

 

·     The subject site is located on the west side of Francis Street, approximately midway between this street’s intersections with Kenneth Street to the north and Arabella Street to the south.

·     Development on the subject site consists of a 2 storey dwelling house that is setback between 8.31m and 9.02m from Francis Street. In front of the dwelling house is a detached garage located at the front boundary.

·     At the front corner of the first floor level of the dwelling house is an attached balcony with extensive views of Woodford Bay, the Harbour Bridge and the CBD.

·     The development application proposes a separate first floor balcony 3.56m wide and 3.52m deep setback 5.5m from and facing Francis Street that would supplement the same iconic views.

·     Adjoining the subject site is 56 Kenneth Street, the owners of which have expressed concerns in relation to the proposed balcony’s impact on their general and iconic views from a first floor bedroom window and the flat trafficable roof of a double garage.

·     Although the applicant and owners of 56 Kenneth Street have since met to discuss the proposal no compromise has been reached.

·     A second objection letter has been received expressing concerns about streetscape and streetscape setback.

·     The proposal does not comply with two provisions under the Residential Development Control Plan 2009: it would be in front of the building line, and its depth would exceed the maximum allowable of 3m.

·     The application is recommended for approval subject to the balcony being reduced in depth so that it would not extend forward of the building line.

·     As a consequence it is considered that the impact of the proposed balcony on the neighbour’s views from 56 Kenneth Street would be negligible.

 

SITE

 

The subject site has a frontage of 16m to Francis Street and an area of 488m2. The site is located on the west side of Francis Street, approximately midway between this street’s intersections with Kenneth Street to the north and Arabella Street to the south. The site is generally level with a slight fall to its front boundary. There are mature street trees in front of the site.

 

A 2 storey dwelling house with a tiled roof is erected on the site that is setback 9.02m from its front  boundary (to Francis Street) and with a bay window setback 8.31m from that same frontage. A detached garage and garden store is located in front of the dwelling house on the front boundary.

 

There is a 2 storey dwelling house adjoining the subject site to the east, at 1 Francis Street, and also to the west, at 56 Kenneth Street. The latter property has an attached double garage with a flat roof that is partly located within this site’s side setback to Francis Street. The trafficable garage roof and main bedroom window of 56 Kenneth Street provide views of the Harbour Bridge, CBD, Woodford Bay and sections of the Lane Cove River across the front yard of the subject site.

 

The locality is residential and neighbouring development comprises 2 storey dwelling houses.  Site Location Plan and Neighbour Notification Plan (attached AT-1 and AT-2).

 

PROPOSAL

 

The application proposes a timber balcony attached to the front first floor family room and extending out over the front yard. The balcony would be 3.56m wide and 3.52m deep, and it would be supported by timber posts at both front corners. It would be setback 5.5m from the site’s front boundary and 4m from its east side boundary. An existing window to the family room would be replaced with a sliding glass door that would allow access onto the proposed balcony.

 


PREVIOUS APPROVALS/HISTORY

 

The two applications recorded on Council’s computer system are:

 

·     a combined Development and Building Application BA102/91 for an attached rear pergola was approved in 1991; and

·     a combined Development and Building Application BD461/93 for front and rear bay windows and internal alterations was approved in1993.

 

The Cape Cod – style first floor level is likely to have been approved before either of these two applications.

 

PROPOSAL DATA/POLICY COMPLIANCE: LEP 2009 and DCP 2009

 

 

Proposed

Control

Complies

Front setback (min.)

5.5m

Consistent with area or 7.5m

No

Side setback (min.)

4m

1.5

Yes

Wall height (max.)

6m (to top of balustrade)

7m

Yes

Landscaped area (min.)

Unchanged

35%

-

Solar access

Not an issue

3 hrs to north-facing windows

-

Deck/balcony depth (max.)

3.52m

3m

No

Private open space(min.)

Unchanged

24 m²

4m depth

-

-

 

REFERRALS

 

Development Engineer

 

Council’s Development Engineer has recommended draft conditions that would address drainage and sediment and erosion control, amongst other matters (see draft conditions 36 - 48).

 

Tree Preservation Officer

 

Council’s Tree Preservation Officer has recommended draft conditions that would include the protection of two Brushbox trees on Council’s verge in front of the site (see draft conditions 29 - 35).

 

Lane Cove LOCAL Environmental Plan 2009

 

The proposed balcony is permissible in the residential R2 zone with the consent of Council.

 

The proposal does not raise any issue in relation to the Lane Cove Local Environmental Plan 2009.  

 

Other Planning Instruments

 

SEPP 55: Remediation of Land

 

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

 


Applicable Regulation

 

The proposal involves the removal of the existing family room window. The Environmental Planning and Assessment Regulation 2000 prescribes safety standards for demolition and compliance with AS 2601 – 2001. Draft condition 26 (79) is recommended to address this requirement.

 

Variations to Council’s dcp/PolicIes

 

The preceding policy assessment table identifies those provisions that the proposal would not comply with. Each departure is discussed below.

 

(i)         Front Setback

 

Although the dwelling house on the subject site, and on the adjoining site at 1 Francis Street, are both setback 9m from the front boundary, the proposal would extend forward of a building line of 7.5m that would apply in this street. With a proposed front setback of 5.5m the proposed balcony would extend 2m forward of the building line.

 

The DCP may allow minor architectural design features such as awnings, sunshades, and balconies within the front setback up to a maximum of 500mm depth, but these elements must not occupy the entire façade of the dwelling house.

 

Although examples of minor features includes balconies the other two examples, and the maximum depth of any such structure being restricted to 500mm, suggests that a minor feature could include something on a smaller scale than the proposed balcony e.g. perhaps a retractable canvass awning or sunshade, or a Juliette – style balcony. Features such as these would also suggest that such structures would be relatively lightweight.

 

As the proposed balcony would have an area of 12.5m2 and would need to be supported with timber posts 5m high, it would not fit into the category of a minor feature. Therefore draft condition 2 is recommended that would require the depth of the balcony to be reduced by 2m to 1.52m so that it would comply with the building line of 7.5m.

 

(ii)        Balcony Depth

 

 Under the provisions of the DCP a balcony more than 1m above ground level is not to exceed a depth of 3m, although a deeper balcony may exceed this figure if privacy to adjoining properties is addressed.

 

Although the proposed balcony would allow overlooking of the rear yard of the adjoining property at 56 Kenneth Street, its depth is recommended to be reduced so that the structure would not be forward of the building line. Draft condition 2 would reduce the depth of the proposed balcony to 1.52m.

 

IMPACTS

 

The proposal would have a negligible impact on the site’s existing landscaped area. Subject to draft condition 33 that has been recommended by Council’s Tree Preservation Officer, both mature street trees in front of the site would be protected.

 

Subject to the inclusion of draft condition 2 the impact of the proposed balcony on adjoining neighbours and the streetscape would be reduced to an acceptable level.

 


RESPONSE TO NOTIFICATION

 

Two submissions have been received in response to the notification of the Development Application.  One submission, on behalf of the owners of 56 Kenneth Street, has been submitted by their architect. The other submission has been made by the owner of 58 Kenneth Street.  The issues raised in the submissions are summarised and discussed below.

 

1.         View Sharing

 

Would be contrary to the following comments relating to view sharing under Part B.4 of the DCP:

 

“The sharing of all views is part of the character of the Lane Cove area and should be maintained where possible subject to how the view is obtained and whether the maintenance of such a view creates an unreasonable impost on adjoining land owners.”

 

Would be contrary to the following objectives for view sharing:-

 

·     To minimise the impact of new development on existing public and private views and vistas”  and

·     “To preserve or fairly share water views for foreshore residents.”

 

As there is an existing balcony off the same (family) room that provides views, including iconic views, the proposed balcony would be an additional or, supplementary, balcony that would augment the applicant’s existing views at the expense of our clients.

 

Council’s approval of the proposed balcony would be contrary to recent Land and Environment Court decisions regarding the protection of iconic views.

 

Its excessive size and location would result in the total obstruction of our client’s important views, including iconic views. Views are only available from a main bedroom and a terrace (above a garage) with a flat roof - the latter was erected to reinstate views lost due to the neighbour’s garage that is in front of the building line and that obstructed views from the ground floor level of our client’s dwelling house.

 

Comment

 

The last objective stated above applies to foreshore residents. Neither the subject site, nor the site at 56 Kenneth Street, are foreshore properties.

 

Subject to the inclusion of draft condition 2 the depth of the balcony would be reduced by 2m so that it  

would not be in front of the building line. This draft condition would minimise the impact on existing views from the adjoining property at 56 Kenneth Street as required by the first stated objective.

 

In Tenacity Consulting v Warringah Council (2004) the Land and Environment Court (NSW) set out a planning principle for view sharing. One of the questions (tests) in this principle was to determine the reasonableness of the proposal causing the impact. Under the test the Court’s probable view would be that the impact from a complying development would be acceptable and view sharing reasonable. Subject to the inclusion of draft condition 2 the proposal would comply with the DCP and the neighbour’s important and iconic views would be retained.

 


2.         Streetscape

 

Would be contrary to the following streetscape objective under Part C.1 of the DCP:-

 

Achieve development of a scale and appearance which is in keeping with the predominant   street and neighbourhood character” ……..because:-

 

·     of its lightweight construction;

·     it suggests an adjunct or an afterthought to the original dwelling house design;

·     it would be supported by flimsy long timber posts;

·     it would be unsympathetically perched over a bay window; and

·     it would not address the street.

Would not comply with the spirit of the DCP in relation to streetscape.

 

Comment

 

1 and 1A Francis Street are the only two dwelling houses that face the street. The other dwelling houses have their frontage to either Kenneth Street or Arabella Street. Consequently the streetscape is dominated by the sides of those dwelling houses on the corners of these streets which are closer to Francis Street than either of these two dwelling houses. Structures close to Francis Street include garages.

 

Although neither the design nor the construction of the proposed balcony lend themselves to achieving the stated streetscape objective, the combination of the reduction in the scale of the proposed balcony required by draft condition 2 and the screening provided by the street trees in front of the site and the detached garage in the site’s front yard, would ensure that the proposal’s overall impact on Francis Street is reasonable.

 

3.         Front Setbacks

 

Would be contrary to the following setback objective under Part C.1 of the DCP:-

 

            “ Maintain the predominant street setback” …..because:-

 

·     the existing front setback of both adjacent properties at 1A and 1 Francis Street is about 9m; the two properties at 56 Kenneth Street and 55 Arabella Street are corner sites that respect their respective street setbacks;

·     the proposed setback of 5.5m would be totally non – compliant and would not even comply with the minimum setback provision of 7.5m;  and

·     by allowing the proposed balcony in addition to the existing garage, Council would be reinforcing and adding to the building’s non –compliances.

 

Would not maintain a reasonable street setback.

 

Comment

 

Subject to the inclusion of draft condition 2 the proposed balcony would be made to comply with the minimum front setback of 7.5m.

 


4.         Building Design

 

Would contravene the following building design objectives under Part C.1 of the DCP:-

 

Ensure that alterations and additions to existing dwellings maintain the integrity of the design and style of the existing building”; 

                       

“ Ensure elevations to the street and public domain are well proportioned and designed” ; and

                       

Minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of views and amenity” …..because:

 

·     its lightweight construction would make it appear as an adjunct or an after thought to the original design of the dwelling house;

·     it would not be well integrated and would be supported by flimsy timber posts and perched over a bay window;

·     it would not address the street well;

·     it would overlook our client’s main bedroom windows;

·     the size of the proposed balcony would encourage outdoor entertainment causing substantial loss of both visual and acoustic privacy, and also a loss to the adjacent neighbour at 1 Francis Street; and

·     it would result in substantial loss of views and an overall loss of amenity.

 

Request Council refuse the application.

 

Comment

 

The proposal would have a relatively minor impact on the design and style of the existing dwelling house because it does not have any distinct design or style. Subject to draft condition 2 the overall scale of the proposed balcony would be reasonable.

 

In relation to visual and acoustic privacy concerns the Australian Model Code for Residential Development, 1995  indicates that this would usually be an issue if the dwelling house and/or area overlooked was within 9m of the source (e.g. a proposed balcony). Although the proposed balcony would be within 9m of the common side boundary to 56 Kenneth Street, the height of the balcony would allow overlooking of this site’s rear yard and, to a lesser extent, its trafficable garage roof. By contrast, the distance to the neighbour’s bedroom window would be about 24m.

 

The overall impact of the proposed balcony can be reduced with a 2m reduction in its depth required by draft condition 2. Subject to the inclusion of this draft condition, the potential visual and acoustic impact of the proposed balcony on the adjoining neighbour would be reduced to an acceptable level. 

    

CONCLUSION

 

The proposed front first floor level balcony would not comply with the DCP 2009 because it would be forward of the building line to Francis Street and its depth would exceed 3m.

 

Two objections have been submitted.  One objection has been submitted on behalf of the owners of an adjoining property at 56 Kenneth Street and the other from the owner of 58 Kenneth Street.  The former property has views over the front yard of the subject site. The former objection raises concerns that the proposed balcony would affect views, including iconic views, and it would be forward of the building line. Draft condition 2 is recommended that requires the depth of the proposed balcony to be reduced so that it would not be forward of the building line. As a consequence the overall impact on the neighbour’s views would be negligible.  Draft Condition 2 would also address the street setback concerns of the latter objector.

 

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

 

Subject to the inclusion of draft condition 2 the proposed first floor balcony would be reasonable and therefore the application is recommended for approval.

 

 

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act,1979, as amended, the Council grants development consent to Development Application 287/10 for a front first floor balcony on Lot 1 DP 231064 and known as 1A Francis Street, Longueville subject to the following conditions:-

 

Plans

1.         (20) That the development be strictly in accordance with drawing numbers 01, 04, 05 and 06, Issue A, dated 30.5.10 and as amended up to 10.6.10, by A Plus Designs except as amended by the following conditions.

 

Specific

2.       In order to ensure that the building line for Francis Street of 7.5m is not exceeded and so reduce its visual impact on both the streetscape and viewed from the adjoining property at 56 Kenneth Street, the depth of the balcony is to be reduced so that it does not exceed 1.52m. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

General

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

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

 

6.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted.

THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

7.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the family room and the balcony.

 

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

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

11.       (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.

 

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

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

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

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

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

 

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

 

14.       (60) 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.

 

15.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

16.       (62) All glazing is to comply with the requirements of AS 1288.

 

17.       (66) 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.

 

18.       (67) 

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

 

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

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

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

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

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

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

 

19.       (70) Protection of the balcony support posts against subterranean termites must be carried out in accordance with AS.3660.

 

20.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

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

 

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

 

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

 

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

 

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

 

27.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

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

 

 

 

 

Landscape

 

29.     (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane    Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

 

30.     (302)  The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height located on the property or in neighbouring properties, including the cutting of any tree roots greater than 40mm in diameter.

 

31.     (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.

 

32.     (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.

 

33.     (317) A 1.8m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of both Brushbox street trees in front of the site. 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.

 

34.     A waterproof sign must be placed on the tree protection zone 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 A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

35.     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.

 

General Engineering Conditions

36.     (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.

 

37.     (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.

 

 

38.     (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.

 

39.     (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.

 

40.     (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.

 

41.     (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.

 

42.     (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’.

 

43.     (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.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

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

 

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

 

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

 

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

 

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

 

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

 

            Engineering Condition to be Complied with Prior to Commencement of Construction

 

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

 

Engineering Condition to be Complied with Prior to Occupation Certificate

48.     (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. 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

AT‑2 View

Neighbour Notification Plan

1 Page