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Agenda

Inspection Committee Meeting

30 July 2011, 8:30am

 


 

Notice of Meeting

 

Dear Councillors,

 

Notice is given of the Inspection Committee, to be held on site on Saturday 30 July 2011 commencing at 8:30am. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

 

Important Information

 

The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal.† It is appropriate that any debate and decision take place at a Council Meeting, not onsite.

 

Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.

 

The Committee is governed by Councilís Code of Meeting Practice, and no recording of the meeting is allowed.

 

Committee Meeting Procedures

 

The Inspection Committee Council meeting is chaired by the Mayor, Councillor Win Gaffney. Items referred to the Committee are referred to a Council or Committee Meeting for determination. Minutes of Council and Committee meetings are published on Councilís website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting.

 

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 Councilís Manager Governance on 99113525.

 

 

 


Inspection Committee 30 July 2011

TABLE OF CONTENTS

 

 

 

 

Environmental Services Division Reports

 

1.†††††† Environmental Services Division Report No. 130

SUBJECT: 35 Morrice Street, Lane Cove (8:30am)............................................ 4

 

 

 

††††††††††††††† ††††††


Inspection Committee Meeting 30 July 2011

Environmental Services Division Report No. 130

 

 

Reference:††† Environmental Services Division Report No. 130

Subject:††††††††† 35 Morrice Street, Lane Cove††

Record No:††† DA11/23-01 - 21507/11

Author(s):†††††† Kristy† Wellfare†

 

 

Property:†††††††††††††††††††† 35 Morrice Street, Lane Cove

 

DA No:†††††††††††††††††††††††† DA11/23

 

Date Lodged:††††††††††††† 28 February 2011

 

Cost of Work:††††††††††††† $149,374

 

Owner:††††††††††††††††††††††††††††††††††† B D & D J Jager

 

Applicant:††††††††††††††††††† Addbuild Master Builders

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and first floor additions to the existing semi-detached dwelling house

ZONE

R2 Ė 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

No

NOTIFICATION

Neighbours†††††††††††††††††† 6, 8, 31, 33, 39, 41 Morrice Street, 34-36 Tambourine Bay Road

Ward Councillors†††††††† Central Ward

Progress Association†† Nil

Other Interest Groups† Lane Cove Historical Society

 

Reason for Referral

 

This development application has been called to Council by Councillor Forrest, in relation to neighbour concerns.

 

Executive Summary

 

∑††††† The applicant seeks consent to carry out alterations and first floor additions to the existing semi-detached dwelling house.

∑††††† During notification, two submissions were received. Concerns raised included streetscape impacts and overshadowing onto the northern elevation and solar energy appliances of 39 Morrice Street. It is noted that Councilís DCP is silent regarding overshadowing onto solar energy appliances.

∑††††† Notwithstanding the 2.6m side setback proposed, the proposal does not comply with the solar access provisions of the DCP regarding direct solar access to the north-facing openings of 39 Morrice Street.

∑††††† On balance, the variation to the solar access requirements is supported due to the orientation of the site, the compliance of the proposed addition with the DCP height controls and the generous side setback proposed.

∑††††† There are a number of heritage items in the street, including the 2-6 Morrice Street and the semi detached dwellings at 25-31 Morrice Street.† The subject site is not an heritage item.† The application was referred to Councilís Heritage Consultant, who did not favour the proposal for reasons of precedent and streetscape.† Council requested a site meeting and in the event that the application is supported, the consultant has provided draft conditions of approval to mitigate streetscape impact.

∑††††† The proposal would result in minor uneven street presentation from some aspects as the other part of the building at 33 Morrice Street would remain single storey.† It is suggested that it is not reasonable to require both dwellings in the semi-pair to propose first floor additions at the same time, nor is it reasonable to restrict one of the semi-pair from carrying out alterations and additions because the owners of the other dwelling are unable or unwilling to do so at this time. Despite concerns raised on streetscape and heritage grounds, the proposal is considered reasonable and is recommended for approval subject to draft conditions.

 

Site

 

The site is located on the western side of Morrice Street, between River Road and Austin Crescent. The site is 336.9 m≤ in area with a frontage of 7.67m, rear boundary of 7.85m and depth of 44.195m. Existing development on the site is a part single storey and part two storey masonry and tile semi-detached dwelling house which is single storey at the rear and two storeys at the front in response to the slope of the site and accommodates a lower level garage. Existing development to the north of the site consists of the semi-pair of the subject dwelling, development to the south consists of a single storey masonry and tile dwelling house on an allotment twice the width of the subject site.

 

There are a number of heritage items in the street, including 2-6 Morrice Street and the semi detached dwellings at 25-31 and 49-51 Morrice Street.† The subject site is not a heritage item.† Site Plan and Notification Plan attached (AT-1 and AT-2).

 

Proposal

 

The applicant seeks consent to carry out alterations and first floor additions to the existing semi-detached dwelling to accommodate two bedrooms, an ensuite, and an access stair.

 

Previous Approvals/History

 

There are no previous development applications on Councilís computer records.

 


Proposal Data / Policy Compliance

 

Local Environmental Plan 2009

 

Zoning:†††††††††† R2

 

Site Area:†††††† 336.9m≤

 

 

Proposed

Control

Complies

Floor Space Ratio

0.41:1

0.6:1

Yes

Height of Buildings

8.5m

9.5m

Yes

Lane Cove Development Control Plan

 

 

Proposed

Control

Complies

Front setback (min)

Unchanged

Consistent with area or 7.5m

Unchanged

Side setback (min)

North: Nil

South: 2680mm

1500mm

No

Yes

Rear setback (min)

16m or 36%

<1000m≤: 8m or 25%

>1000m≤: 10m or 35%

Yes

 

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

7.0m

7.0m

Yes

Subfloor height (max)

Unchanged

1.5m

Unchanged

Number of Storeys (max)

2

2

Yes

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

43%

35%

Yes

Solar Access

<3 hours to north facing openings

3 hrs to north-facing windows

No. *

Private open space

>24 m≤

>4m

24 m≤ (min)

4m minimum depth

Yes

Yes

Basix

Certificate A100609

Certificate required

Yes

* Reasonable as each bedroom has alternative light source.† See report section on Solar Access.

 

Referrals

 

Manager Urban Design and Assets

 

The proposal was referred to Councilís Development Engineer for comment. No concerns were raised by Councilís Development Engineer regarding the proposal, and it was noted in the advice received that OSD is not required as the increase in impervious area is minimal. The use of the existing stormwater system has also been the subject of a draft condition.

 

Draft conditions of consent were provided by Councilís Development Engineer and these draft conditions have been included in the recommendation of this report. (See draft conditions 28-39)

 

Manager Parks

 

The proposal was referred to Councilís Tree Assessment Officer for comment. It was noted by Councilís Tree Assessment Officer that the proposed development does not require the removal of trees or other vegetation from the site. As a matter of precaution, draft conditions have been recommended requiring the Paperbark street tree and the Bottlebrush tree located in the front yard be protected for the duration of the proposed development, as well as general tree preservation conditions. (See draft conditions 40-48)

 

Heritage

 

The property is the southern dwelling in a semi-pair, where the northern dwelling in the semi-pair is located adjacent to a heritage item. There are a number of heritage items in the street, including the 2-6 Morrice Street and the semi detached dwellings at 25-31 Morrice Street.† As such, the proposal was referred to Councilís Consultant Heritage Advisor for comment.†† The Consultant advised that notwithstanding that the subject building was not a heritage item; it may provide a precedent for development of the remaining heritage listed semis.† He also raised concern with regard to the impact on streetscape from a heritage viewpoint.

 

A further meeting was held on site with the heritage consultant and it was agreed that as the property is located on the high side of the street and as the addition is setback, the addition would be less visible from the street.† The consultant also provided some additional comments and draft conditions that would further reduce the impact of the proposed additions.† These include a hip roof to the stairwell and the need for careful selection of materials for the addition.† (See AT-3 and AT-4 for heritage consultantís comments).

 

Officerís Comment††††

 

The initial concerns of the heritage consultant were conveyed to the applicant for their consideration. The applicant submitted an amended design which reduced the height of the front two elements by 300mm, and provided perspective views from the street. Whilst the proposed extension may marginally disrupt the symmetry of 33−35 Morrice Street when seen from the public domain, Councilís Heritage Advisor notes that it is difficult to achieve a good streetscape result when one semi-detached dwelling in a pair is extended vertically. However, it would be unreasonable to restrict development on one semi-pair because its semi-partner is unwilling or unable to propose a first floor addition at this time.

 

The potential issue of the creation of a long valley between the two roof forms can be dealt with through regular and proper maintenance of the roof and guttering. The suggestion that south-facing dormers be used to accommodate a smaller addition may have lesser impact on heritage grounds but would increase the side wall height and resulting overshadowing to the neighbouring property to the south and is not supported on technical grounds.

 

There are a number of heritage items in the street, including 2-6 Morrice Street and the semi detached dwellings at 25-31 and 49-51 Morrice Street.† Councilís Heritage Inventory describes these items as being within a ďPrecinct of post-war flat and residences [that] includes single storey semi-detached brick houses. Houses are on a rendered brick base, with some leavening timber detail in bay windows. Their austerity reflects the period of their constructionĒ. The challenge in this instance is how to best adapt the semi-detached dwelling houses in the locality to the expectations of contemporary home owners in a manner that does not set an undesirable precedent for future development in the vicinity of the heritage listed semis.

 

The proposed first floor addition is set well back from both the front and side property boundaries. The elevation drawings submitted exaggerate the impact of the proposed first floor addition on the streetscape and the isometric drawings submitted demonstrate that, due to the topography of the site and the setbacks proposed, the impact on the streetscape is acceptable.

 

Following Councilís assessment of the application Council officers met with the Heritage Consultants on site to discuss the proposal and the heritage advice given. Further clarification was sought from Councilís Consultant Heritage Advisor and the following advice was provided:

 

ďIt is evident from the site inspection that the subject property is on the high side of the street and therefore the viewpoint from the roadway and footpath will be lower than if it is a level site. As the proposed first floor addition is also setback from the gable fronted east elevation, it will be less visible from the street viewing point. It is also noted that the proposed additions are on the east side of the property that is on the opposite side of the semi-detached structure from the listed heritage item at 29-31 Morrice Street. The proposal will only be particularly evident as viewed from between the subject property and the dwelling to the south.

 

We reiterate that the subject property is not a heritage listed item nor in a conservation area.

 

We note that Council is of the view to support the application.   

 

In order to mitigate the impact of the proposal further, we recommend that the proposed roof structure of the new stair is amended from a gable front to a hipped roof form. This would be consistent with the other proposed as well as existing roof forms that are behind the front gable and would further reduce the apparent height of the addition nearest to the street.  We recommend that the colour of the proposed first floor external texture finish to the stud walls matches, or is similar to, the existing brickwork colour.  

 

We also recommend the mature trees in the south east corner of the site are preserved so as to provide screening from the street to the proposed addition, which is on the south side of the subject property.Ē

 

The recommendations noted above regarding the use of a hipped roof form to the stair and the colour of the first floor external finishes have been included as draft conditions in the recommendation of this report (See draft conditions 2 & 3). The trees referred to above are not proposed to be removed as part of the proposed works and are protected by the draft conditions as recommended by Councilís Tree Assessment Officer (See draft conditions 40-48).

 

Whilst it was initially recommended by Councilís Heritage Advisor that the proposal not be supported on heritage and streetscape grounds, the application has now been considered having regard to the provisions of the Lane Cove Local Environmental Plan 2009 and Development Control Plan. Although there is a row of 12 semi-pairs comprising 24 dwellings (interrupted only by the single dwelling at 39 Morrice Street), not all of the semi-pairs are listed as heritage items and the fact remains that the subject site is not heritage listed.† In light of the draft conditions included in the recommendation of this report regarding the roof form and external finishes, the proposal is considered to be reasonable. Given the inherent difficulties associated with a first floor addition of this type, the proposal is considered to be appropriate and is acceptable, subject to the draft conditions as recommended.

 

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 0.6:1 and a maximum height of 9.5 metres.† The proposal is for the alterations and additions to the existing dwelling, and dwelling houses are listed as a permitted land use 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.

 

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 northern side setback and solar access provisions. 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.

 

Other Planning Instruments

 

State Environmental Planning Policy No 55 Ė 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 Councilís 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 plans were accompanied by BASIX Certificate A100609, 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.

 

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 2601-2001: 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 Councilís 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.

 

Side Setback

 

The northern side setback is proposed to be nil as per the existing situation for the semi-detached dwelling. In accordance with the requirements of the DCP, first floor additions can maintain the existing setback of the floor below, provided there are no unreasonable amenity impacts. Council is satisfied that the proposed nil setback on the northern side would not be contrary to the objectives of the control in that:-

∑††††† The proposal maintains the existing nil setback;

∑††††† Landscaping within front and rear gardens and side boundaries are not affected by the proposal;

∑††††† The non-complying northern setback does not unduly alter the building separation, sunlight, and ventilation for the dwelling and its neighbours; and

∑††††† The nil northern setback is as expected with a semi-detached style of development

 

The proposal is therefore considered to be acceptable.

 

Solar Access

 

The proposal includes ceiling heights of 2450mm and has been built on a relatively low scale, with complying side wall heights of 7.0m. The two elements at the front have also been further lowered to reduce bulk and the draft condition to hip the front stair gable will also assist.† The site is oriented east-west, and the opportunities to accommodate two storey development whilst maintaining 3 hours solar access to the north-facing openings of the neighbouring properties are limited. In this instance opportunities to maintain solar access are further limited as the neighbouring dwelling house is set more than 1m lower than the subject site. The existing gutter levels on the northern side of 39 Morrice Street are at RL 57.81 while the subject site as existing features gutter levels of RL58.99. The proposed first floor addition maintains the existing southern side setback of 2680mm which is well in excess of the 1500mm required by the DCP.

The north-facing wall of 39 Morrice Street has 2 high level bedroom windows.† Both of these rooms maintain alternate windows, one fronting east and one fronting west.† The north facing windows are already partially (approximately 50%) shadowed by the existing building at 9am and then again in the afternoon.† The proposal will result in an increase in shadowing to these small windows.† The front bedroom will retain its existing solar access at 9am and then will progressively lose solar access for the remainder of the day.† The rear bedroom window will be in shade between 9am and 3pm, but it is noted that there is an alternate light source to this room, being a west facing window.

 

Notwithstanding the non-compliance, the generous southern side setback proposed would lessen the solar access impacts at other times of the year compared with a (permitted) 1500mm side setback. It is also noted that first floor additions may be carried out on this site under Complying Development in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which does not consider solar access for neighbouring properties. The proposal is therefore considered to be acceptable.

 

Response To Notification (Section 79C(1)(d))

 

Two submissions were received in response to the notification of the development application.† The issues raised in the submission can be summarised as follows.

 

Aesthetic concerns, streetscape and proposed finishes

 

Comment

 

The texture finish to the polystyrene cladding is of a masonry appearance and would not be out of character with the rendered masonry finish of the garage level. The street level diagrams submitted demonstrate that the proposed first floor addition would not unduly detract from the street presentation of the existing dwelling which is elevated at the front and accommodates a lower level garage. While acknowledging the loss of symmetry inherent in a proposal of this nature, it is suggested that the proposal would not result in an unacceptable impact on the streetscape and the finishes proposed are satisfactory.

 

Impact on the existing and future solar energy and hot water appliances installed at 39 Morrice Street

 

Comment

 

There is no Council policy regarding solar access to solar appliances on neighbouring properties. The proposal does not comply with the requirements for solar access to the north facing window openings of the dwelling house and this has been discussed above, however the proposal would maintain sufficient solar access to the rear yard and solar access would be maintained to the appliances at 39 Morrice Street for a minimum of 3 hours between 12pm and 3pm in midwinter. The proposal is therefore acceptable.

 

Solar access to the rear private open space and reduced effectiveness of passive solar design measures

 

Comment

 

Reasonable solar access to the rear yard is maintained for 3 hours between 9am and 3pm at min-winter. Afternoon sun would also be maintained to the rear elevation of the dwelling house at mid winter. The reduced effectiveness of the passive solar design is lessened by the generous setbacks and relatively low scale of the proposed first floor addition. The proposal is therefore considered to be acceptable.

 

Solar access to northern window openings

 

Comment

 

As noted in this report, the proposal does not achieve the required 3 hours solar access to the northern side window openings of the neighbouring property at 39 Morrice Street. These window openings are high sill level window openings which service bedrooms along the northern side of the dwelling house, with the living room, kitchen and family room situated on the southern side of the dwelling house. The east-west orientation of the site means that opportunities to accommodate two storey development whilst maintaining 3 hours solar access to the north-facing openings of the neighbouring properties are severely limited.

 

Given the difference in level of the existing development on the two sites, relatively low scale of the first floor addition proposed, and the generous southern side setback involved, the proposed first floor addition is considered to be acceptable.

 

Visual Privacy impacts from upper storey rear window

 

Comment

 

The proposed upper storey rear window opening is fitted into a bay window element but does not include glazing to the northern or southern sides of the bay. The window services a bedroom, and bedrooms are considered to be Ďlow useí rooms with lesser overlooking impacts than a higher use room such as a living room. The window opening is located closer to the rear of the property than the dwelling house at 39 Morrice Street and as such there would be little opportunity for overlooking into the rear window openings of the neighbouring property. Whilst overlooking may occur to the rear part of the private open space of both neighbouring properties, the proposal would not result in any undue privacy impacts and is acceptable.

 

Acoustic privacy and air quality concerns from potential first floor level air-conditioning

 

Comment

 

The applicant has not included air-conditioning for the first floor level as part of this development application.

 

Request for a structural engineers report regarding the adequacy of the walls to support the additions

 

Comment

 

A draft condition (no. 19) has been included in the recommendation of this report requiring a structural engineer to certify that the existing structure is capable of supporting the proposed first floor addition.

 


Request for a dilapidation report for 33 Morrice Street

 

Comment

 

A draft condition (no. 6) has been included in the recommendation of this report requiring a dilapidation survey to be undertaken prior to the issue of a construction certificate. A further draft condition (no. 7) requires a second survey to be carried out following the completion of the works and any damage rectified.

 

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 proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009, will not result in any adverse impacts for the locality and is not considered to 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(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA11/23 for the alterations and first floor additions to the existing semi-detached dwelling on lot 2 in Deposited Plan 418786 and known as 35 Morrice Street, Lane Cove, subject to the following conditions:-

 

1.†††††† (20) That the development be strictly in accordance with drawing number 1271/3, Sheets 2, 3 & 5 dated 3.12.10, and 1271/4, Sheet 4, undated, by Addbuild Master Builders Pty Ltd, except as amended by the following conditions.

 

2.†††††† The roof structure of the new stair shall be amended from a gable front to a hipped roof form.

 

3.†††††† The colour of the proposed first floor external texture finish to the stud walls shall match, or be similar to, the colour of the existing external brickwork of the dwelling.

 

4.†††††† The proposed structure(s) to be erected must stand wholly within the boundaries of the allotment. No portion of the proposed structure, including guttering, shall encroach onto adjoining properties or upon public property. To ensure that the location of the building satisfies the provision of the approval, the footings and walls adjacent to the northern boundary must be set out by a registered surveyor prior to the commencement of works.

 

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

 

6.†††††† A dilapidation report including a photographic survey of the following adjoining properties must be provided to the Certifier prior to the issue of a Construction Certificate. The dilapidation report must detail the physical condition of those properties, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items.†

††††††††† a)†††††††††† 33 Morrice Street

The dilapidation report is to be prepared by a practising Structural Engineer agreed to by both the applicant and the owner of the adjoining property. All costs incurred in achieving compliance with this condition shall be borne by the applicant.

 

 

7.†††††† A second Dilapidation Report including a photographic survey must be submitted after the completion of works. A copy of this Dilapidation Report together with the accompanying photographs must be given to the property owners referred to in condition 4. A copy must be lodged with Council and the Principal Certifying Authority prior to the issue of an Occupation Certificate.

 

Any damage identified in the Dilapidation Report must be fully rectified by the applicant or owner at no cost to the affected property owner prior to the issue of an Occupation Certificate.

 

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

 

9.†††††† (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Waterís 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.

 

10.†††† (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.

 

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

 

12.†††† (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.

 

13.†††† (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.

 

14.†††† (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.

 

 

 

 

15.†††† (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.

 

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

 

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

b)††††† Installation of steel beams and columns prior to covering

c)††††† Waterproofing of wet areas

d)††††† Stormwater drainage lines prior to backfilling

e)††††† Completion.

 

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

a)††††† Upper level floor framing.

 

19.†††† (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.

 

20.†††† (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.

 

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

 

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

 

23.†††† (128)† 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.

 

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

 

 

25.†††† (140) 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.

 

26.†††† (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) Ė 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.

 

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

 

General Engineering Conditions

28.†††† (A1) Design and Construction Standards: †All engineering plans and work shall be carried out in accordance with Councilís standards and relevant development control plans except as amended by other conditions.

 

29.†††† (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 ďBuilding waste containers or materials in a public placeĒ application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.†

 

30.†††† (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.

 

31.†††† (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an ďApplication for Standing Plant PermitĒ 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.

 

32.†††† (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.

 

33.†††† (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.

 

34.†††† (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, íPart 3 - Traffic control devices for works on roadsí.

 

 

 

35.†††† (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

 

36.†††† (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 Councilís 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 Councilís 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.

 

37.†††† (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 Councilís requirements. The full bond will be retained if Councilís requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

38.†††† (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 Sediment Control Plan prepared by Addbuild numbered 1271. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

39.†††† (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 Councilís DCP-Stormwater Management.†

 

 

 

 

 

Tree Preservation Conditions

 

40.†††† (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.

 

41.†††† (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.

 

42.†††† (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.

 

43.†††† (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

 

44.†††† (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 1.2m from the trunk of the Bottlebrush tree located in the front yard. 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.

 

45.†††† (317) A 1.8 m high chain mesh fence shall be erected not less than 1.2m from the trunk of the Paperbark street tree. The tree protection zone may be reduced to 600mm on the driveway side of the tree only. 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.

 

46.†††† (new) A waterproof sign must be placed on all tree protection zones stating ĎNO ENTRY TREE PROTECTION ZONE Ė this fence and sign are not to be removed or relocated for the work duration.í† 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.

 

47.†††† (new) 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.

 

Bond on Street and Council Trees

 

48.†††† (327)† A bond of $2000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protection measures are taken during the development to prevent mechanical damage to the Bottlebrush street tree that must be retained.† This bond shall refundable on completion of works and following an inspection and certification of the tree by Councilís Tree Assessment Officer. This certification must be obtained by the Private Certifying Authority prior to issue of the occupation certificate. In the event of damages to the tree, as determined by Councilís Tree Assessment Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

Breach of any condition - 25% of bond for each offence.

Trunk or root damage of any protected tree - 50% of bond for each offence.

††††††††††† Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

AT‑2 View

Neighbour Notification Plan

2 Pages

AT‑3 View

Heritage advice from Conybeare Morrison dated 28 March 2011

2 Pages

AT‑4 View

Heritage advice from Conybeare Morrison dated 26 July 2011

1 Page


ATTACHMENT 1

Environmental Services Division Report No. 130 - Site Location Plans

 



ATTACHMENT 2

Environmental Services Division Report No. 130 - Neighbour Notification Plan

 



ATTACHMENT 3

Environmental Services Division Report No. 130 - Heritage advice from Conybeare Morrison dated 28 March 2011

 



ATTACHMENT 4

Environmental Services Division Report No. 130 - Heritage advice from Conybeare Morrison dated 26 July 2011