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Minutes

Planning and Building Committee

21 March 2011, 8:20pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Planning and Building Committee 21 March 2011

Minutes

 

PRESENT:  Councillor P. Palmer (Chair), Councillor D. Brooks-Horn, Councillor S. Forrest, and Councillor W. Gaffney.

 

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

 

DECLARATIONS OF INTEREST: Nil

 

ADJOURNMENT

The Mayor opened the Planning and Building Committee Meeting and adjourned it at 8:20pm.

 

RESUMPTION

The Planning and Building Committee Meeting resumed at 8:37pm.

 

APOLOGIES                                                     

An apology was received on behalf of Councillor Longbottom.

 

DECISION UNDER DELEGATED AUTHORITY:

RESOLVED on the motion of Councillors Palmer and Gaffney that apology be accepted and leave of absence be granted.

 

For the Motion were Councillors Brooks-Horn, Forrest, Gaffney and Palmer (Total 4).

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF Planning and Building - 7 MARCH 2011

 

DECISION UNDER DELEGATED AUTHORITY:

RESOLVED on the motion of Councillors Gaffney and Brooks-Horn that the minutes of the Planning and Building held on the 7 March 2011 be received and confirmed.

 

For the Motion were Councillors Brooks-Horn, Forrest, Gaffney and Palmer (Total 4).

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 21

SUBJECT: 12A Seville Street, Lane Cove

 

DECISION UNDER DELEGATED AUTHORITY:

RESOLVED on the motion of Councillors Palmer and Gaffney 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; and

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; and

·     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.

 

 

For the Motion were Councillors Brooks-Horn, Forrest, Gaffney and Palmer (Total 4).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 9:09pm.

 

Confirmed at the Planning and Building Committee Meeting of 4 April 2011, at which meeting the signature herein is subscribed.

 

CHAIRPERSON

 

********* END OF MINUTES *********