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Agenda

Planning and Building

 Committee Meeting

21 March 2011, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee Meeting, to be held in the Council Chambers on Monday 21 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 21 March 2011

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 7 MARCH 2011

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 21

SUBJECT: 12A Seville Street, Lane Cove  

 

 

 

                      


Planning and Building Committee Meeting 21 March 2011

Environmental Services Division Report No. 21

 

 

Reference:    Environmental Services Division Report No. 21

Subject:          12A Seville Street, Lane Cove    

Record No:    DA10/256-01 - 5793/11

Author(s):       Kristy  Wellfare 

 

 

Property:                     12A Seville Street, Lane Cove

 

DA No:                         DA10/256

 

Date Lodged:              4 November 2010

 

Cost of Work:              $320,000.00

 

Owner:                                    D & A G Davenport

 

Applicant:                    Holman Home Designs

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing dwelling house and construction of a swimming pool

ZONE

R2 Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND? 

No

BCA CLASSIFICATION

Class 1a and 10b

STOP THE CLOCK USED

Yes, 17 days

NOTIFICATION

Neighbours                   8, 10, 10A, 12, 14, 14A, 15, 17 Seville Street, 11 &13 Tambourine Bay Road, 1, 3, 5 &7 Fox Street

Ward Councillors          Central Ward

Progress Association   Nil

Other Interest Groups   Nil

 

REASON FOR REFERRAL

 

This application is referred to Planning and Building Committee at the request of Councillor Forrest, due to neighbour’s concerns.

 

EXECUTIVE SUMMARY

 

·     The applicant seeks consent to carry out alterations and additions to the existing dwelling house and construction of a swimming pool on the site.

·    The application was advertised to neighbouring properties and submissions from one property have been received. Concerns raised involve the continued management of stormwater on the site, privacy and overlooking.

·    The proposal included the use of an absorption system to deal with stormwater generated on the site. Council’s Development Engineer advised that an easement was the preferred option in this instance.

·    Agreement in principle to the creation of an easement has been received from the owners of the property to the rear of the site (3 Fox Street).

·    Deferred commencement conditions have been provided by Council’s Development Engineer, with operational consent to be issued following the registration of an easement over the property to the rear.

·    Draft conditions have been included in the recommendation of this report requiring high sill levels (1700mm) to the rear window openings to address concerns regarding privacy and overlooking into 3 Fox Street.

 

SITE

 

The site is located on the southern side of Seville Street, between Tambourine Bay Road and Trouve Street. The site is a battle-axe allotment 810.94 m² in area, with a street frontage of 4.57m to Seville Street, an access handle 43.28m in length, with the main body of the site being 30.48m in depth and between 19.355m and 20.88m in width. Existing development on the property consists of a single storey masonry and tile dwelling house, a double garage and hardstand within the front yard. Existing development on adjoining properties consists of a two storey masonry and tile dwelling house on the property immediately to the west of the site at 14A Seville Street which is also located on a battle-axe allotment. To the north of the site is a two storey masonry and tile dwelling house at 12 Seville Street, to the northeast of the site is another battle-axe allotment at 10A Seville Street.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The applicant seeks consent to carry out alterations and additions to the existing dwelling house on the site, and the construction of a swimming pool and deck.

 

PREVIOUS APPROVALS/HISTORY

 

DA1998/217:   Old Development Application. Approved 23.11.1998

 

PROPOSAL DATA/POLICY COMPLIANCE

 

LEP2009

 

 

Proposed

Control

Complies

Floor Space Ratio

0.29:1

0.5:1

Yes

Height of Buildings

3.8m

9.5m

Yes 

 


Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

>50m from the street

Consistent with area or 7.5m

Yes

Side setback (min)

4m and 10m 

1200mm/1500mm

Yes

Rear setback (min)

1.1m

<1000m²: 8m or 25%

No

Wall Height (max)

2.4m

7.0m

Yes

Subfloor height (max)

Not applicable

1.5m

Not applicable

Number of Storeys (max)

1

2

Yes

Landscaped area (min)

35.35%

35%

Yes

Solar Access

3 hours to north

3 hrs to north-facing windows

Yes

Private open space

>24 m²

>4m min. depth

24 m² (min)

4m minimum depth

Yes

Yes

Cut and fill

800mm cut

500mm fill

1m (max)

Yes

Yes 

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

5.5m

3m to waterline

Yes

Setback to boundary (min)

2.1m

1m to waterline

Yes

Height (max)

700mm

1m

Yes

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

900mm

Coping to be set back at a ratio of 1:1 (700mm)

Yes

Setback from trees >5m in height (min)

>3m

3m

Yes

 

REFERRALS

 

Manager Urban Design and Assets

 

The proposal was referred to Council’s Development Engineer for comment. The plans used to check the engineering matters are drawings by Holman Home Design numbered 116 sheets 01-10 and dated 24-05-10.

 

Council’s Development Engineer has advised that the stormwater concept plan provided with the application does not comply with Council’s DCP- Stormwater Management as the absorption system proposed is draining greater than 35% of the total site area. Notwithstanding the non-compliance proposed, further discussions with Council’s Development Engineer have clarified that an absorption system would not be acceptable on the site if it sought to drain greater than 35% of the site, and that to achieve less than 35% would require the uplifting of some existing hardstand areas on the site. Council officers have neither calculated the extent of uplifting required, nor whether this is achievable on the site. Furthermore, a geotechnical investigation may be necessary to establish whether the soil and subgrade are capable of achieving the absorption rates required by an absorption system on the site.

 

The applicant was advised that, notwithstanding the above concerns, an absorption system is the least preferred method of dealing with the drainage on the site. Consideration of an absorption system on the site would not take place until evidence was provided to Council establishing that all down stream property owners have been approached and are unwilling to grant a private drainage easement that would allow the piping of stormwater to a Council street or suitable pipeline. This request was put to the applicant via correspondence dated 1 December 2010. During subsequent meetings Council confirmed that a private drainage easement was the preferred option. Written confirmation from the owners of 3 Fox Street agreeing in principle to the creation of an easement over their land, subject to negotiation of terms, was received by Council on 11 January 2011.

 

As a result of the time associated with the negotiation process for the granting and registration of an easement for drainage, a deferred commencement is considered appropriate to finalise the application. A “Deferred Commencement” condition is suggested as follows:

 

“Documentary evidence regarding the creation of a 1m wide interallotment drainage easement to Burden Lot 3 DP546011 in favour of Lot 2 DP 546011 must be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.”

 

Subject to the applicant providing evidence to satisfy the above, draft conditions of consent were provided by Council’s Development Engineer for inclusion in the recommendation of this report (see draft conditions 27-47).

 

Manager Parks

 

The proposal was referred to Council’s Tree Assessment Officer for comment. It was noted that the proposed development would not impact on existing trees located on the subject allotment nor the stand of screen trees located in the allotment in front of the site. Council’s Tree Assessment Officer noted that the trees in the neighbouring property consist of one Golden Robinia and a stand of Griffiths Ash. These trees were described by Council’s Tree Assessment Officer as “relatively young and the root system of the tees is unlikely to occupy the soil profile where the excavation for the pool is to occur”. No concerns were raised regarding the proposal and draft tree protection conditions were provided for inclusion in the recommendation of this report (see draft conditions 48-51).

 

Building Surveyor

 

The proposal was referred to Council’s building surveyor for comment.

 

It was noted that the existing and proposed structures on the site are classified as follows:-

 

·        Dwelling House - Class 1a;

·        Garage Class 10a; and

·        Swimming Pool Class 10b.

 

Council’s Building Surveyor provided the following comments:-

 

“The proposed development may be constructed to generally comply with the DTS provisions of the BCA without major design modification.

 

Despite this, the proposed method of stormwater disposal is likely to increase ground water on the subject land that would in turn increase the flow of surface water across land. A site inspection revealed evidence of moisture within the land adjoining the common boundary between number 3 Fox Street and the subject land. The introduction of a large underground absorption tank with a proposed capacity of approximately ten (10) cubic metres is likely to increase the flow of surface water and is likely to cause damage to the lower lying properties adjoining the development.

 


Building Surveyors Conclusion

 

The applicant has failed to demonstrate all reasonable attempts have been made to obtain an easement to drain stormwater over the adjoining properties.

 

The proposal in its current form is likely to cause damage to the lower lying properties adjoining the subject land via an increase in the concentration of ground water within the area adjoining these properties.”

 

The concerns raised by Council’s Building Surveyor regarding the proposed absorption system are noted and the matter has been discussed hereover in relation to the comments received from Council’s Development Engineer. The proposed absorption system is not supported and draft conditions have been included in the recommendation of this report requiring an easement for drainage to be obtained over a downstream property to manage the discharge of stormwater on the site.

 

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

 

In accordance with LEP2009, the site is zoned R2 Low Density Residential, with a maximum floor space ratio of 0.5:1 and a maximum height of 9.5 metres. The proposal is for the alterations and additions to an existing dwelling house and construction of an ancillary swimming pool. Dwelling houses are listed as development permissible with consent in the R2 zone in accordance with the Land Use Table within LEP2009. The proposal has been assessed under the relevant provisions of LEP2009, and is neither contrary to the aims of the Plan, nor the aims, objectives and controls relating to the R2 Low Density Residential zone. The proposal is therefore considered to be a satisfactory land use in this regard.

 

Lane Cove DEVELOPMENT CONTROL Plan

 

The proposal has been considered having regard to the relevant provisions of the DCP. The proposal accords with the objectives of the Plan, and further discussion is provided regarding the following specific provisions

 

Part C - Residential Development

 

As noted in the table above, the proposal complies with the numerical requirements of the DCP with the exception of the rear setback requirement. These non-compliances are discussed hereunder. Notwithstanding these non-compliances, the proposal is not considered to be contrary to the objectives of the DCP in general and Part C Residential Development in particular. The proposal is considered to be acceptable in this regard.

 

Part O – Stormwater Management

 

The proposal has been assessed having regard to the provisions of Part O of the DCP. Concerns have been raised by Council’s Development Engineer regarding the absorption system proposed and recommending that an Easement for drainage be obtained over the neighbouring property to discharge stormwater from the site. This matter is discussed in detail and in response to the comments from Council’s Development Engineer as detailed in the “Referrals” section of this report, hereover. Subject to the creation of an Easement and the other draft conditions as recommended, the proposal is acceptable in this regard.

 


Other Planning Instruments

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, an examination of Council’s computer records and information provided by the applicant indicates a history of residential development on the site and adjoining sites. The proposal does not raise any concerns in relation to SEPP55 and further investigation is not required in this instance.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The amended plans were accompanied by BASIX Certificate A86325, and the commitments required to be noted at the development application stage are shown on the accompanying plans. The proposal therefore satisfies the policy and raises no further issues in this regard.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The proposal raises no issues in this regard.

 

APPLICABLE REGULATIONS

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves minor demolition work. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-1991: The demolition of structures.  The matter may be addressed by a condition of consent, which is included in the recommendation of this report.

 

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

 

The preceding policy assessment table identifies the control that the proposal does not comply with. The departure is discussed below.

 

Rear Setback

 

The objectives of the rear setbacks requirements are “to enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries. Side and rear setbacks are to provide building separation, sunlight, landscaping, ventilation, public views (if appropriate) for the dwelling and its neighbours”. The existing dwelling house features a 4.51m setback to the rear boundary and does not comply with the 8m minimum requirement, nor does it achieve the objective of providing a landscape corridor due to the existing hardstand area to the rear of the dwelling house.

 

The subject dwelling house is located on a battle-axe block thereby creating an unusual development pattern that should be considered as part of the overall assessment. Relevant issues include the limited opportunity to create an effective absorption system to dispose of additional stormwater that would result in greater covered space. Also, as the existing structure is located in the rear yard the rear setback is not achievable. Provided privacy concerns are satisfactorily addressed it is not unreasonable for the addition to be located with the 1.1m setback proposed.

 

Concern has been raised by the neighbouring property regarding the proximity of the proposed addition in relation to the rear boundary and overlooking from the rear openings in light of the reduced setback. The proposal involves an addition of 3.41m at the rear of the existing dwelling house to accommodate a bedroom and laundry and involves the use of high sill levels (1410mm and 1500mm to the laundry and bedroom respectively).

 

The sill levels proposed go some way to reducing the potential for overlooking from the rear addition to the rear yard and dwelling house at 3 Fox Street. Despite 1500mm sill levels being an accepted sill level to address privacy concerns under the Codes SEPP, given the elevated level of the proposed addition when compared with the neighbouring site, a sill level of 1700mm is considered appropriate in this instance. The laundry is a non-habitable room and the proposed bedroom is serviced by other openings to ensure the amenity of the room. A draft condition requiring these window openings to the amended to feature sill heights of 1700mm has been included in the recommendation of this report and the proposal as recommended is acceptable in this regard. 

 

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

 

Submissions from one property were received in response to the notification of the development application.  The issues raised in the submissions can be summarised as follows.

 

The owners of 3 Fox Street commit to the building of an easement right next to the low-lying fence, at a reasonable compensation of market value for the use of the said portion of land

 

Comment       

 

Due to the lead-in time to negotiate an outcome and register an easement, the proposal is recommended for “deferred commencement”. Council would not be a party to any negotiations of this nature, which need to be resolved by the interested parties.

 

Outstanding issues regarding stormwater - flooding remains an outstanding/existing problem to be addressed.

 

Comment       

 

This matter has been investigated by Council’s Building Surveyor and, at the time of the inspection, the rear yard of the premises at 12A Seville Street appeared consistent with Councils records and no significant changes to ground levels was evident. No further action was required to be taken at that time and the owner of 3 Fox Street was provided with a written response to that effect dated 27 January 2011.

 

The stormwater situation would be aggravated by the proposed hard surface increase, dispersion is least preferable

 

Comment       

 

Agreed. Following tacit agreement from the owners of 3 Fox Street, the proposal is recommended for “deferred commencement” consent requiring the registration of an easement over 3 Fox Street to deal with the stormwater on the site. Council’s Engineer has stated that this is the preferred option.

 


Hygiene and Health Issue: Backyard has been turned into water-soaked wetland and breeding grounds of harmful insects as the consequence of illegal discharge of stormwater and unreasonable volume of surface water run-off generated at 12a Seville St.

 

Comment       

 

The proposal, subject to the conditions as recommended and the registration of an easement over the neighbour’s property, would formalise stormwater management on the site to enable more efficient discharge of stormwater from the subject site.

 

Trees are unhealthy, exhibiting sickly appearance due to excessive water conditions.

 

Comment       

 

The proposal, subject to the draft conditions as recommended and the registration of an easement over the neighbour’s property, would formalise stormwater management on the site to enable more efficient discharge of stormwater from the subject site and reduce the likelihood of excessive runoff being discharged into the rear of the neighbouring property at 3 Fox Street.

 

Shadowing: the proposed addition would result in large shadowing onto lawn area of 3 Fox St especially in the afternoon sun of winter. 

 

Comment       

 

The proposal extends the existing dwelling house closer to the rear boundary by 3.5m but uses a lower roof form (550mm lower). Whilst there would be additional shadow cast by the proposed addition over the rear yard, a minimum of 3 hours solar access is maintained to the north-facing openings and reasonable solar access is maintained to the rear yard of 3 Fox Street. The proposal complies with the requirements of the DCP in this regard.

 

Privacy: The windows to be built on the southern elevation of the proposed addition of a bedroom/laundry setback 1.1m from the southern boundary are a privacy issue. Their locations actually provide a panorama of the backyard and activities inside the family room of 3 Fox St. Out of the 16m distance between the openings of the two properties, only 1m belonging to 12a and the remaining 15m in distance are belonging to the backyard area of 3 Fox St.

 

Comment       

 

The proposed addition involves 1420mm and 1500mm sill levels to the proposed laundry and bedroom respectively. A draft condition has been included in the recommendation of this report requiring the sill levels of the southern elevation window openings to the laundry and bedroom feature sill levels of 1700mm to minimize overlooking. Subject to the conditions as recommended the proposal is acceptable in this regard.

 

Rear yard:  how can the owners argue that 12a Seville St can be addressed as a battle-axe block that ‘appears to be no “rear yard” as such.’

 

Comment

 

A site inspection of the property by Council revealed that the area to the rear of the existing dwelling house is mostly concreted and is of a service character. It is reasonable to suggest that this area is not used as a rear yard for the purposes of recreation.

 


Overflow of pool water:  indemnity should be provided to 3 Fox St if the overflow goes along the gradient into the adjacent property, 3 Fox St.

 

Comment       

 

A draft condition has been included in the recommendation of this report that all overflow associated with the proposed swimming pool be directed to the sewer. It is considered that compliance with this condition adequately addresses the matter of overflow from the swimming pool.

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The concerns raised regarding stormwater and overlooking have been discussed hereover and addressed by the draft conditions as recommended. As such the proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009 and, subject to the draft conditions as recommended, the proposal would not result in any adverse impacts for the locality nor would it be contrary to the public interest. Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a “deferred development” consent to Development Application DA10/256 for the alterations and additions to the existing dwelling house and construction of a swimming pool on lot 2 in Deposited Plan 546011 and known as 12A Seville Street, subject to the following:-

 

PART A – DEFERRED COMMENCEMENT CONSENT

 

The consent shall not operate and it may not be acted until the Council or its delegate is satisfied of the following matters:-

 

1.         A 1m wide interallotment drainage easement shall be created to burden Lot 3 DP546011 in favour of Lot 2 DP 546011. Proof of lodgement of this easement with the NSW Land and Property Management Authority must be submitted to and approved by Council prior to the issue of the operational consent.

 

Documentary evidence of the above matters must be produced to the Council or its delegate within 12 months of granting of this “deferred commencement” consent, otherwise the consent shall not operate.

 

Pursuant to Clause 68A (4) of the Environmental Planning and Assessment Regulations 2000, Council will notify you in writing if Part A of this consent has been satisfied, and the date from which this consent operates.

 

 

 

 

 

 

 

 

 

 

PART B - CONDITIONS OF CONSENT

 

Subject to Part A above being satisfied, an operational development consent and approved plans shall be issued, subject to the following conditions:-

 

1.         That the development be strictly in accordance with the following drawings, except as amended by the following conditions.

 

Document

Prepared by

Number

Ed.

Dated

Site plan

Holman Home Design

116-02

E

9-12-10

Ground floor plan

Holman Home Design

116-04

D

26-10-10

Elevation sheet 1

Holman Home Design

116-06

E

9-12-10

Elevations sheet 2

Holman Home Design

116-07

D

26-10-10

Sections sheet 1

Holman Home Design

116-08

E

9-12-10

Sections sheet 2

Holman Home Design

116-09

D

26-10-10

Details

Holman Home Design

116-10

D

26-10-10

 

2.         The southern elevation window openings to bedroom 1 and the laundry shall have sill levels of not less than 1700mm above finished floor level. Amended plans shall be provided to the Certifier prior to the issue of the Construction Certificate.

 

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

 

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.         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.

 

8.         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.

 

9.         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.

 

10.       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.

 

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

 

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

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

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

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

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

 

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

 

13.       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.

 

14.       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".

 

15.       Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1992 "Concrete Swimming Pool Code, AS 3600-2001 - "Concrete Structures" and "AW1 Fibresteel Technical Manual, November 1981".

 

16.       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.

 

17.       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; and

e)         structural steelwork.

 

18.       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.

 

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

 

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

 

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

 

22.       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.

 

23.       All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

 

24.       If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application.

 

25.       Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

36.       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.

 

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

Note:

§ 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.

 

38.         Stormwater Requirement: Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

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

·     All other areas to drain to the drainage easement

·     Environmental pollution control pit is to be installed just prior to the connection to the drainage easement

 

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

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

39.         Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be 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.

 

40.         Proposed use of a Drainage Easement: Documentation demonstrating that the property benefits from a drainage easement is to be submitted to the Principal Certifying Authority prior to the issue of Construction Certificate.

 

41.         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

 

 

42.         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.

 

43.         Design of Retaining Structures: All retaining structures greater 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

 

44.         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.

 

45.         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

 

46.       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 Conditions to be Complied with Prior to Occupation Certificate

 

47.       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. 

 

Tree Conditions

 

48.     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 $1,100,00 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.

 

49.     The applicant must obtain written Authority prior to pruning or removal 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.

 

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

 

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

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

AT‑2 View

Neighbour Notification Plan

1 Page