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Agenda

Planning and Building

Committee Meeting

2 May 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 2 May 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 2 May 2011

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING – 21 MARCH 2011

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 77

SUBJECT: 11 Cullen Street, Lane Cove West

 

3.       Environmental Services Division Report No. 68

SUBJECT: 6 Lihon Street, Lane Cove West  

 

 

 

                      


Planning and Building Committee Meeting 2 May 2011

Environmental Services Division Report No. 77

 

 

Reference:    Environmental Services Division Report No. 77

Subject:          11 Cullen Street, Lane Cove West    

Record No:    DA11/14-01 - 15419/11

Author(s):       Rajiv Shankar 

 

 

Property:                                 11 Cullen Street, Lane Cove

 

DA No:                                     D14/11

 

Date Lodged:                          4 February 2011

 

Amended Plans:                     Re-notified on 24 March 2011

 

Additional amended Plans:     13 April 2011 (re-notification not considered necessary)

 

Cost of Work:                          $200 000.00

 

Owner:                                                C  Burke and M Burke

 

Applicant:                                C Burke

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to existing dwelling house including first floor addition.

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 DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  7, 9, 24, 26, 28, 30 Cullen St, 14, 16, 18, 20, 22 Currawong Av, 4, 6 Eloora St

Ward Councillors       Clr W Gaffney, Clr I Longbottom, Clr K Mcllroy

Progress Association Lane Cove West Residents Association

 

REASON FOR REFERRAL

 

The application has been called to the Planning and Building Committee by Mayor Councillor Gaffney and Councillor Palmer in view of the concerns raised by the neighbours.

 

 

 

 

EXECUTIVE SUMMARY

 

·     The proposal is for alteration to the existing ground floor including a first floor addition, a timber pergola towards the rear and a 1.5m wide balcony towards the front.

·     The proposed development meets all the provisions of Lane Cove LEP 2009.

·     The proposed development meets all the provisions of Council’s DCP requirements.

·     The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

·     The proposal, while complying with the existing dwelling house provisions does not comply with the new dwelling house provisions for northern and southern side boundary setbacks for the proposed first floor addition.

·     Subsequent to the notification of the original proposal 5 submissions from 3 neighbours were received. Subsequent to the re-notification of the amended proposal 3 submissions, one from each of the 3 neighbours, were received.

·     The issues raised in the submissions include:-

§            Overshadowing and solar access to the property towards the south;

§            Front setback;

§            Reduced northern and southern side boundary setbacks;

§            Acoustic and visual privacy;

§            Bulk and Floor Space Ratio;

§            Landscape area; and

§            Electric wiring from the electric pole in front of the adjoining property.

·     The applicant has suggested increasing the side setback of more than half the length of the first floor southern wall to 1500mm to comply with the new dwelling house setback requirements.

·     The applicant has also suggested increasing the impervious area by reducing some of the existing paving towards the rear.

·     The application is recommended for approval subject to draft conditions included in the report.

 

SITE

 

The site is located on the eastern side of Cullen Street. The site is rectangular in shape with an area of 564 m². The site falls gradually from south to north.

 

The site features a single storey brick and tile dwelling house with an in-ground pool towards the rear. There are three trees along the northern boundary towards the rear on the adjoining property towards the north. No trees are proposed to be removed. 

 

Neighbouring to the south is a two storey brick and tiled dwelling house (9 Cullen Street).

 

Towards the north adjoins the rear boundaries of 18, 20 and 22 Currawong Avenue each of which has an existing dwelling house.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal includes the following:-

·     Alteration to the existing ground floor;

·     First floor addition containing two bedrooms, lounge room and bath;

·     A timber pergola towards the rear; and

·     A 1.5m wide balcony towards the front.

 

PREVIOUS APPROVALS/HISTORY

 

BA50/86 – Construction of a single storey dwelling house.

CD5/06 – Inground swimming pool.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density Residential

 

Site Area:        564m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.44:1

0.5:1

Yes

Height of Buildings

7.4m

9.5m

Yes

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

7.8m

Consistent with area or 7.5m

Yes

Side setback (min)

Northern side boundary

Southern side boundary

 

1.0m

1.2m

1200mm/1500mm

May follow the setback of the existing dwelling below

 

Yes*

Yes*

* Follows the setback of the existing dwelling below

Rear setback (min)

Ground floor

First floor

 

Existing

22m approx

<1000m²: 8m or 25%

 

 

NA

Yes

Wall Height (max) (maximum parapet of 600mm)

5.5m

7.0m

Yes

Maximum Ridge height

7.4m

9.5m

Yes

Subfloor height (max)

Existing

1.5m

NA

Number of Storeys (max)

2

2

Yes

Landscaped area (min)(Minimum width of 1m required to be included in area)

Existing

 

35%

NA

Cut and Fill      (max)

Nil

1m

Yes

Solar Access

3 hours

3 hrs to north-facing windows

Yes

Provide for view sharing

Provide for view sharing

Required

Yes

Deck/Balcony depth (max)

1.5m

3m

Yes

Private open space

Existing

24 m² (min)

4m minimum depth

NA

Basix

Provided

Required

Yes

 


REFERRALS

 

Manager Urban Design and Assets

 

Council’s engineer has reviewed the plans and has advised that no OSD is required as there is no increase in the impervious area.

 

Draft conditions have been provided which have been included in the conditions of consent in the report.

 

Manager Parks

 

Council’s tree assessment officer has reviewed the plans and has advised that the juvenile street tree must be protected during the course of construction. The Gleditsia tree located in the centre of the front yard has a natural tree protection zone in the form of a garden bed and would not require tree protection measures.

 

Draft conditions have been provided which have been included in the conditions of consent in the report.

 

79 (C)(a) (i) The Provisions of Any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 2009

 

The subject site is zoned R2 Low Density Residential under the provisions of Lane Cove Local Environmental Plan 2009.  The proposal is permitted with development consent of Council.

 

79(C)(a)(ii)  The Provisions of Any Draft Environmental Planning Instrument

 

There are no draft instruments that need to be considered.

 

Lane Cove Code Development Control Plan 2009

 

As indicated in the policy compliance table, the proposal complies with the provisions of the DCP.

 

The proposal, while complying with the existing dwelling house provisions does not comply with the new dwelling house provisions for northern and southern side boundary setbacks for the proposed first floor addition; however it is considered satisfactory with respect to each of these on the following grounds:

 

Northern Side Boundary Setbacks for the Proposed First  Floor Addition

 

·     The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

·     The proposed first floor addition would not overshadow the properties towards the south.

·     In the amended plans the impact upon privacy of the adjoining properties towards the south has been addressed by the following measures:-

§           The two north facing windows have been replaced by with one highlight window with a sill height of 1600mm above the finished first floor level;

§           A1500mm long , full height privacy screen has been proposed towards the north of lounge room window W7; and

§           A 900mm long full height privacy screen has been proposed towards the north of the proposed balcony towards the front.

 


Southern Side Boundary Setbacks for the Proposed First Floor Addition

 

·     The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

·     The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling towards the south receive 3 hours of sunlight between 9am & 3pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

·     The applicant in his drawing dated 12/04/2011 has suggested increasing the side setback of more than half the length of the first floor southern wall to 1500mm to comply with the new dwelling house setback requirements.

 

79C (1) (b)  The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the adjoining properties given the solar orientation of the site and the privacy measures proposed.

 

Privacy

 

As indicated in the report above the proposed addition would minimise the overlooking of adjoining properties towards the north by the use of a highlight window and privacy screens to ensure that a reasonable level of privacy is maintained between the adjoining properties.

 

Overshadowing

 

The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling receive 3 hours of sunlight between 9am & 3pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

 

Landscaping

 

The proposal does not increase the existing impervious area. Therefore it is considered unreasonable to require the applicant to decrease the existing impervious area. However, the applicant in his drawing dated 12/04/2011 has suggested decreasing the impervious area by reducing some of the existing paving towards the rear.

 

Section 79C (1) (c) - The Suitability of the Site for the Development

 

The proposal maintains the residential use of the site. It is considered compatible with the neighbouring dwelling houses, and consistent with the scale and character of the one and two storey development in the surrounds. Accordingly the site is considered suitable with respect to the proposed development.

 

Section 79C (1) (d) - Any Submissions Made in Accordance With This Act or Regulations.

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Subsequent to the notification of the original proposal 5 submissions from 3 neighbours were received. Subsequent to the re-notification of the amended proposal 3 submissions, one from each of the 3 neighbours, were received.

 


The issues raised in the submissions have been addressed as follows:-

 

Overshadowing and solar access to the property towards the south

Comment

The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling receive 3 hours of sunlight between 9am & 3pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

 

Front Setback

Comment

The proposed front setback for the first floor addition is 7.8m which is more than the minimum required by the DCP.

 

Southern Side Boundary Setback

Comment

The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

 

The applicant in his drawing dated 12/04/2011 has suggested increasing the side setback of more than half the length of the first floor southern wall to 1500mm to comply with the setback requirements. The increased side boundary setback would have a minor increase in solar access to the existing dwelling house towards the south.

 

Acoustic privacy from windows W12 and W13 because of reduced side boundary setback

Comment

The applicant in his drawing dated 12/04/2011 has suggested increasing the side setback of more than half the length of the first floor southern wall, including windows W12 and W13, to 1500mm to comply with the setback requirements. These windows serve a robe and a bedroom, and not a living room. In addition, these windows directly face a blank wall of the adjoining dwelling house towards the south. In this regards the impact due to these two windows would be reasonable.

 

Northern Side Setback

Comment

The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

 

Adequate separation exists between the dwelling house on the subject property and the dwelling houses towards the north. In this regards it is considered that the proposed development meets the objectives of the setback requirements.

 

Bulk and Floor Space Ratio

Comment

As indicated in the compliance table earlier in the report, the proposed development has less than the maximum permissible floor space ratio. The proposed first floor addition follows the side boundary setback of the existing ground floor which is in accordance with the provisions of Council’s DCP.

 

The applicant in his drawing dated 12/04/2011 has suggested increasing the side setback of more than half the length of the first floor southern wall to 1500mm to comply with the setback requirements.

 

In view of the above, it is considered that the bulk of proposed development is reasonable.

 

Landscape Area

Comment

The proposal does not include increase the existing impervious area. Therefore it is considered unreasonable to require the applicant to decrease the existing impervious area. However, the applicant in his drawing dated 12/04/2011 has suggested decreasing the impervious area by reducing some of the existing paving towards the rear.

 

Electric wiring is taken from the electric pole in front of the adjoining property

Comment

This is a matter between the applicant, residents and the service provider and not for Council.

 

Acoustic and visual privacy of the dwellings towards the north

Comment

As indicated in report above, in the amended plans the impact upon privacy of the adjoining properties towards the north has been addressed by the following measures:

 

·     The two north facing windows have been replaced by with one highlight window with a sill height of 1600mm above the finished first floor level.

·     A1500mm long, full height privacy screen has been proposed towards the north of lounge room window W7.

·     A 900mm long full height privacy screen has been proposed towards the north of the proposed balcony towards the front.

 

Adequate separation exists between the dwelling house on the subject property and the dwelling houses towards the north to provide for reasonable acoustic privacy.

 

Bath window W9 would impact upon privacy of the dwellings towards the north

Comment

Bath window W9 would be obscure as a condition of consent.

 

The 900mm wide privacy screen is not wide enough for the1500mm wide front balcony

Comment

The width of the proposed privacy screen is considered reasonable to provide adequate privacy.

 

The proposed (privacy) measures (in the amended proposal) should satisfy the issue of overlooking into No 20 Currawong Avenue

Comment

The comment is acknowledged.

 


Section 79C (1) (e) - The Public Interest

 

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Development Control Plan. It is considered that the proposed development would not have any adverse impacts upon the adjoining properties and would not result in overdevelopment of the site. The proposed development would not create any adverse environmental impacts.

 

Accordingly, it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

 

EXECUTIVE MANAGERS COMMENT

 

The proposal complies with all provisions of the DCP for an existing dwelling house.  Notwithstanding such would be recommended for approval, the applicant has advised that a further amendment to the side setback for the first floor addition is proposed to ensure the continued amenity of neighbours.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D14/11 for alterations and additions to existing dwelling house including first floor addition at 11 Cullen Street, Lane Cove subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawings Drawn by Vanessa Wagner. Drawing numbers:-

·     A01 – Site / roof plan dated 10/03/11;

·     A02 – Ground floor plan dated 10/03/11;

·     Sketch first floor plan dated 12/04/2011;

·     A04- East / west elevations dated 10/03/11;

·     A05- North / South elevations dated 10/03/11;

·     A06- Sections dated 10/03/11; and

·     Landscape plan dated 12/04/2011.

 

            except as amended by the following conditions.

 

2.         North facing bath window W9 shall be obscure.

 

3.         The drawings shall be amended to incorporate the amendments suggested in Sketch first floor plan dated 12/04/2011. The amendment includes increasing the side setback of more than half the length of the first floor southern wall to 1500mm.  Amended plans shall be submitted prior to the issue of construction certificate.

 

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

 

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

 

6.         (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.

 

7.         (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.

 

8.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

9.         (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

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

 

15.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

a)         All reinforcement prior to filling with concrete.

b)         Framework including roof and floor members when completed and prior to covering.

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Stormwater drainage lines prior to backfilling

f)          Completion.

 

16.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)         footings;

b)         reinforced concrete work ;

c)         structural steelwork;

d)         upper level floor framing;

 

17.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

18.       (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.

 

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

 

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

 

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

 

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

 

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

 

23.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

24.     (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.

 

25.     (302)  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.

 

26.     (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.

 

27.     (354)  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

 

28.     (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4 m from the trunk of the juvenile Blueberry Ash street tree.  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.

 

29.     A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be 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.

 

30.     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

31.     (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.

 

32.     (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. 

 

33.     (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.

 

34.     (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.

 

35.     (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.

 

36.     (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.

 

37.     (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’.

 

38.     (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

 

39.     (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.

 

40.     (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.

 

41.     (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

 

42.     (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

43.     (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

Amended Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


Planning and Building Committee Meeting 2 May 2011

Environmental Services Division Report No. 68

 

 

Reference:    Environmental Services Division Report No. 68

Subject:          6 Lihon Street, Lane Cove West    

Record No:    DA10/197-01 - 14218/11

Author(s):       Stan Raymont 

 

 

Property:                                 6 Lihon Street, Lane Cove West

 

DA No:                                     D197/10

 

Date Lodged:                          2 March 2011

 

Cost of Work:                          As previous

 

Owner:                                                D.J. & S.M. Clark

 

Applicant:                                D. & S. Clark, c/- Vaughan Milligan Development Consulting Pty. Ltd.

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of swimming pool (Section 82A review)

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 DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              2, 3A, 4, 5, 7, 8, 10 Lihon Street and 49, 51, 53 Cope Street

Ward Councillors                    West Ward

Progress Association             Lane Cove West Residents Association Inc.

Other Interest Groups             -

 

REASON FOR REFERRAL

 

Referred by the Executive Manager, Environmental Services for review and determination by the Planning and Building Committee.

 

EXECUTIVE SUMMARY

 

This application is for a Section 82A Review for the deletion of condition 2 of the consent given to Development Application No.D197/10 which requires the retention of the Illawarra Flame located near the rear boundary.

 

Development Application No.197/10 sought to have the Illawarra Flame Tree located on the rear boundary on the western side removed and a swimming pool constructed in the rear yard.


The Tree Assessment Officer required the retention of the Illawarra Flame Tree and the pool, filter box, service lines and associated landscaping to have a setback of 4m from the centre of the trunk of the Illawarra Flame Tree.

 

An Arboricultural Impact Assessment was submitted by Advanced Treescape Consulting recommending the removal of the Illawarra Flame Tree.  The Manager Parks was requested to comment on the Arboricultural Impact Assessment and advised that the Illawarra Flame Tree must be retained and the pool, its service lines, filter and the associated landscaping must have a setback of 4m from the centre of the trunk of the Illawarra Flame Tree.

 

An addendum to the arboricultural report dated 19 August 2010 was then submitted and the conclusion was that:- 

 

“Based on this objective assessment by the ResistographTM one can simply draw the conclusion that this tree is structurally defective and needs to be removed as was recommended in my report dated 19 August 2010.

 

If this development application is rejected and the tree is made to be retained it is recommended that the matter be determined in the Land and Environment Court.”

 

The comments of the Tree Assessment Officer were requested on the addendum to the arboricultural report and were that he does not support this application in its current form and agrees with the previous comments by Council’s officers.


Accordingly the application was approved on the 25 January 2011 subject to conditions.

 

Condition 2 being:-

 

            “2.        The Illawarra Flame Tree located near the rear boundary being retained and the pool being reduced in size so that the pool, its service lines, filter and the associated landscaping has a setback of at least 4m from the centre of the trunk of the Illawarra Flame Tree.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”

 

The comments of the Tree Assessment Officer were requested on the 82A Review documents including the arborist report and he does not support the findings in the tree report or the suggestion the tree poses a real threat.  At the time of inspection the tree appeared to be in good condition with no obvious signs of structural defects, therefore the tree should be retained on the allotment and condition 2 still applied.

 

The options available to the Planning and Building Committee to consider are:-

 

1.         Refuse the Section 82A review to delete condition 2 as the Illawarra Flame Tree is to remain.

 

2.         Approve the Section 82A review to delete condition 2 and allow the Illawarra Flame Tree to be removed.

 


BACKGROUND

 

Under the provisions of S82A of the EP&A Act, an applicant may request Council to review its determination.  Relevant detail follows which places the request in context. 

 

SECTION 82A REVIEW

 

Section 82A of the Environmental Planning and Assessment Act is as follows:-

 

82A Review of determination

 

            (i)         If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application.

            (3A)     In requesting a review the applicant may make amendments to the development described in the original application.

            (4)        The Council may review the determination if:

            (c)        In the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

            (4A)     As a consequence of its review, the council may confirm or change the determination.

            (5)        The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

            (6)        If the council reviews the determination, the review must be made by:

            (a)        If the determination was made by a delegate of the council – the council or another delegate of the council who is not subordinate to the delegate who made the determination, or

            (b)        If the determination was made by the council - the council.

            (7)        The council must give notice of the result of the review to the applicant as soon as practicable after the review.

            (8)        If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent is varied, operates.

            (9)        If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

            (10)      If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination with drawn at any time prior to the determination of that appeal.

            (11)      A decision on a review may not be further reviewed under this section.

 

SITE

 

The subject site is located on the northern side of Lihon Street.  Existing improvements on the site consist of a part single storey and part two storey brick and tile dwelling house with a double garage at the front.  There is an Illawarra Flame tree on the rear boundary on the western side.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal is a Section 82A Review for the deletion of condition 2 of the consent given on the 25 January 2011 to Development Application No.D197/10 for the construction of a swimming pool in the rear yard of the subject premises.

Condition 2 being as follows:-

 

            2.         The Illawarra Flame Tree located near the rear boundary being retained and the pool being reduced in size so that the pool, its service lines, filter and the associated landscaping has a setback of at least 4m from the centre of the trunk of the Illawarra Flame Tree.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

Vaughan Milligan Development Consulting Pty. Ltd. has made a submission dated 21 February 2010 setting out why condition 2 should be deleted and a copy is attached (AT-3).

 

The owners (D and S Clark) have also submitted a letter dated 21 February 2010 setting out why condition 2 should be deleted and a copy is attached (AT-4).

 

PREVIOUS APPROVALS/HISTORY

 

Development Application No.D197/10 was submitted on the 8 September 2010 for the construction of a swimming pool in the rear yard.

 

There is an Illawarra Flame tree on the rear boundary on the western side and there was a Jacaranda in the rear yard fairly close to the dwelling house on the eastern side.  The owners advise that the Jacaranda tree fell down during a storm.

 

The water in the proposed pool was 8m by 3m in size and was shown to have a 3m wide concourse on the eastern side, a 1.2m wide concourse on the western side, 800mm concourse on the northern side and a 200mm wide bond beam on the southern side.  The concourse/bond beam of the pool is shown to be set back 800mm from the southern boundary, 750mm to the western boundary.  The concourse of the pool is shown to be a maximum of 340mm above the ground level and approximately 375mm from the trunk of the Illawarra Flame tree which it was proposed to be removed.

 

The comments of the Tree Assessment Officer were requested on the proposal and were as follows:-

 

            “I have reviewed the plans and visited the site.  The proposed development consists of the construction of an in-ground pool in the rear yard.  I do not support this application in its current form.

 

            The plans must be amended to show the retention of the Flame tree located in the southeast corner of the allotment.  Furthermore the pool; filter box; service lines and associated landscaping must have a setback of 4m from the centre of the trunk of the Flame tree.”

 

The applicant was advised accordingly by letter dated 12 October 2010.

 

The applicant then submitted an Arboricultural Impact Statement from Russell Kingdom (Principal) of Advanced Treescape Consulting (copy attached) (AT-5).


The recommendation was to remove the Illawarra Flame tree.       

 

This Arboricultural Impact Assessment was referred to the Manager Open Space who commented as follows:-

 

            “I have looked at the plans and the Statement of Environmental Effects and visited the site. I have also read the Arboricultural Impact Assessment Report by Russell Kingdom dated 19 August 2010.

The proposed plans are for the construction of an inground pool in the rear yard. The location of the pool as shown on the plans would require the removal of an Illawarra Flame Tree, which is growing on the rear boundary. This tree is identified as Tree 2 in the Arboriculture Report.

The Illawarra Flame tree is worthy of retention. The pool can be located away from the tree closer to the eastern boundary fence and the area of coping to the side of the pool reduced in size in order to protect the tree’s roots.

I do not support this application in its current form.

The Plans must be amended to show the retention of the Illawarra Flame tree located near the rear boundary. The pool and its service lines and filter and the associated landscaping must have a setback of 4 m from the centre of the trunk of the Illawarra Flame tree.“

 

By letter dated 12 October 2010 the applicant was advised accordingly and requested to submit amended plans.

 

The applicant then submitted an addendum dated 18 January 2011 to Arboricultural Report dated 19 August 2010 by Russell Kingdom (Principal) of Advanced Treescape Consulting (copy attached (AT6).

 

The conclusion in the Addendum was:-

 

            “Based on this objective assessment by the Resistograph TM one can simply draw the conclusion that this tree is structurally defective and needs to be removed as was recommended in my report dated 19th August 2010.

 

            If this Development Application is rejected and the tree is made to be retained it is recommended that the matter be determined in the Land & Environment Court.”

 

This addendum was referred to the Tree Preservation Officer who commented as follows:-

 

            “I have reviewed the documents/plans and visited the site. I have read the “Addendum to Arboricultural Report dated 19th August, 2010”, dated 18th January. The proposed development consists of the construction of an in-ground pool in the backyard. Its location would require the removal of an Illawarra Flame Tree, which is growing on the rear boundary. This tree is identified as Tree 2 in the Arboriculture Report.

 

The chief considerations regarding trees are:-

 

1.         the proximity of excavation for, and installation of the proposed pool, filter box, service lines, associated landscaping and garden lighting to the Illawarra Flame Tree located adjacent the south boundary and;

 

2.         storage of materials on the site, including the back yard in the vicinity the Illawarra Flame Tree

 

I do not support this application in its current form and agree with the previous comments of Peter Maish and Susan Butler, that:

 

The Plans must be amended to show the retention of the Flame tree located in the southeast corner of the allotment. Furthermore the pool; filter box; service lines and associated landscaping must have a setback of 4 m from the centre of the trunk of the Flame tree.

 

The Plans must be amended to show the retention of the Illawarra Flame tree located near the rear boundary. The pool and its service lines and filter and the associated landscaping must have a setback of 4 m from the centre of the trunk of the Illawarra Flame tree.”

 

Conditions of consent were listed which were included in the recommendation in the report on Development Application No.D197/10.

 

Subsequently, under delegated authority to the Manager Development Assessment approval subject to conditions was granted to Development Application No.D197/10 to construct a pool in the rear yard of the subject premises.

 

Condition 2 of the approval given was:-

 

            “2.        The Illawarra Flame Tree located near the rear boundary being retained and the pool being reduced in size so that the pool, its service lines, filter and the associated landscaping has a setback of at least 4m from the centre of the trunk of the Illawarra Flame Tree.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”

 

REFERRALS

 

Development Engineer

 

Not applicable.

 

Tree Assessment Officer

 

The comments of the Tree Assessment Officer were requested on the Section 82A review and are as follows:-

 

            “I have reviewed the S82a review documents including the arborist report and visited the site to carry out another visual tree inspection on the subject tree.  I do not support the findings in the tree report or the suggestion the tree poses a real threat.  At the time of inspection the tree appeared to be in good condition with no obvious signs of structural defects therefore the tree should be retained on the allotment and Condition 2 still applies.”

 

Other (Heritage, Traffic, Waterways, Rural Fire Service)

 

The premises are slightly located on bushfire prone land as identified in the Bush Fire Risk Management Plan and the comments of the NSW Rural Fire Service were required in accordance with Section 79BA(1)(b) of the Environmental Planning and Assessment Act and the NSW Rural Fire Service advise that the service has reviewed the plans and documents received for the proposal and subsequently raises no issues in relation to bush fire.

 

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

 

The proposal is permissible within the R2 (low density residential) zoning under the Lane Cove LEP 2009 with Council’s consent.

 


Other Planning Instruments

 

SEPP No.55 – Contaminated Land – 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, the current and previous use of the site and adjoining sites for residential uses would substantially reduce the possibilities of contamination.  Accordingly, there is considered to be no contamination issue given the circumstances of the case.

 

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

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

 

1.         Proximity to trees

 

Part C, Clause 1.9.1(K) of the Lane Cove DCP 2010 specifies pools are to be located at least 3m from the trunk of a tree over 5m in height which is required to be retained on the site or is located on a neighbouring property.

 

See Tree Assessment Officer’s comments.

 

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

 

No submissions were received in response to the notification of the development application. 

 

OPTIONS FOR PLANNING AND BUILDING COMMITTEE TO CONSIDER

 

The options available are:-

 

1.         Refuse the Section 82A review to delete condition 2 as the Illawarra Flame tree is to remain.

 

2.         Approve the Section 82A review to delete condition 2 and allow the Illawarra Flame tree to be removed.

 

 

RECOMMENDATION

 

That the request for a Section 82A Review be referred to the Planning and Building Committee for review and determination based on the options outlined above. 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

AT‑2 View

Neighbour Notification Plan

2 Pages

AT‑3 View

Submission from Vaughan Milligan dated 21 February 2010

5 Pages

AT‑4 View

Letter from D and S Clark dated 21 February 2011

2 Pages

AT‑5 View

Arboricultural Impact Assessment - 6 Lihon Street

35 Pages

AT‑6 View

Addendum to Arboricultural Report dated 18 January 2011

5 Pages