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Agenda

Inspection Committee Meeting

15 October 2011, 8:30am

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection Committee, to be held in the on site on Saturday 15 October 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 Council’s 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 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 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 Council’s Manager Governance on 99113525.

 

 

 


Inspection Committee 15 October 2011

TABLE OF CONTENTS

 

 

 

 

Environmental Services Division Reports

 

1.       Environmental Services Division Report No. 236

SUBJECT: 50 Cullen Street, Lane Cove West (8:30AM)................................. 4

 

2.       Environmental Services Division Report No. 135

SUBJECT: 9A Gamma Road, Lane Cove (9:00AM).............................................. 20  

 

 

 

                      


Inspection Committee Meeting 15 October 2011

Environmental Services Division Report No. 236

 

 

Reference:     Environmental Services Division Report No. 236

Subject:          50 Cullen Street, Lane Cove West    

Record No:    DA11/121-01 - 37905/11

Author(s):      Rajiv Shankar 

 

 

Property:                     50 Cullen Street, Lane Cove West

DA No:                                    D121/11

Date Lodged:              12 September 2011

Amended plans:          Renotified on 22 August 2011

Cost of Work:              $538, 780

Owner:                                    K Schmidt

Applicant:                    Rawson Homes P/L

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of existing and construction of a two storey dwelling house.

ZONE

R2 Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Dwelling houses are permitted with consent from Council

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                     46, 48, 52, 54 Cullen St, 63, 65, 67 Wood St, 25, 26 Yethonga Ave

Ward Councillors            Clr Gaffney, Clr Mcilroy, Clr Longbottom,

Progress Association      Lane Cove West Residents Association

REASON FOR REFERRAL

The application has been called to Council by Councillors Longbottom, Mcilroy and Gaffney, due to neighbour concerns about impact of the development.

EXECUTIVE SUMMARY

·    The proposal is for demolition of the existing dwelling house and construction of a two storey dwelling house.

·    The proposed development meets all Council’s controls with the exception of Solar Access to the adjoining dwelling house towards the south.

·    The proposal mitigates the impacts by increasing the southern side boundary setback.

·    The proposal was advertised and one submission was received. The issues raised in the submission are as follows:-

Solar access and overshadowing;

Visual and acoustic privacy. Overlooking from the south facing sliding doors to lounge;

Acoustic privacy;

Steps from the rear alfresco to the rear yard;

Overlooking from the rear alfresco;

Opportunity to comment on the complying development application for a swimming pool approved by a Private Certifier;

Visual impact. Out of character and impact upon streetscape;

Sustainability. Removal of trees; and

Removal of trees as a result of the complying development application for a swimming pool approved by a Private Certifier.

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

SITE

The site is located on the western side of Cullen Street and is described as Lot 15 in DP13316. The site is rectangular in shape with an area of 583.5 m2 and slopes away from the street and towards the south.

The site features a single storey brick and tile dwelling house. There is a street tree and three trees towards the rear of the site.

Neighbouring to the north is a single storey brick dwelling house with an attached garage built up to its southern boundary. Towards the south is a single storey brick and tiled dwelling house.  Copies of the Site Location Plan and Neighbour Notification Plan are attached as AT-1 and AT-2.

PROPOSAL

The proposal includes the following:-

·    Demolition of the existing dwelling house;

·    Construction of a two storey dwelling house;

·    Ground floor would have an attached double garage and living areas; and

·    First floor would have bedrooms and a media room.

PREVIOUS APPROVALS/HISTORY

CD75/11 - Construction of swimming pool and retaining walls.

PROPOSAL DATA/POLICY COMPLIANCE

Local Environmental Plan 2009

Zoning:           R2 Low Density Residential

Site Area:       583.5m²

 

Proposed

Control

Complies

Floor Space Ratio

0.46

0.5

Yes

Height of Buildings

9.2m

9.5m

Yes

Comprehensive DCP

 

Proposed

Control

Complies

Front setback (min)

5.5m – More than the adjoining dwelling house towards the north.

Consistent with area or 7.5m

Yes

(Consistent with that of the adjoining dwelling house)

Side setback (min)

1500mm/ 1665mm

1500mm

Yes

Rear setback (min)

15m

<1000m²: 8m or 25%

Yes

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

6.6m

7.0m

Yes

Maximum Ridge height

9.2m

9.5m

Yes

Subfloor height (max)

Nil

1.5m

Yes

Number of Storeys (max)

2

2

Yes

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

35%

Excluding swimming pool

35%

Yes

Cut and Fill      (max)

<1m

1m

Yes

Solar Access

Less than 3 hours

3 hrs to north-facing windows

NO

Provide for view sharing

Yes

Yes

Yes

Deck/Balcony depth (max)

1.8m

3m

Yes

Private open space

195 m²

24 m² (min)

4m minimum depth

Yes

Basix

Provided

Required

Yes

Car Parking

 

Proposed

Control

Complies

Off-street spaces (min)

2

Yes

Driveway width

3m

3m at the lot boundary

Yes

Garages facing the Street

 

Proposed

Control

Complies

% of Allotment Width (garages & carports)

4.6m and<50% the width of the lot

50% of lot width or 6m, whichever is the lesser

Yes

Private Swimming Pools

A complying development application for a swimming pool towards the rear has been approved by a Private Certifier.

REFERRALS

Manager Urban Design and Assets

Council’s Stormwater Engineer has reviewed the proposal and has provided the following advice:

“The applicant’s stormwater concept plan is acceptable; a new pollution control pit has been conditioned to be added.

A new driveway and closure of the redundant driveway on Council property has been conditioned.”

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

Manager Parks

Council’s Tree Assessment Officer has reviewed the proposal and has provided the following advice:

“The proposed development does not require the removal of any significant trees from the allotment. I have no objections to the development from an arboricultural perspective provided the Ironbark street tree is protected for the duration of the proposed development.

The rear yard contains three trees consisting of two nut trees and one Portwine magnolia. These three trees are shown on the Plans to be retained.”   

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

79 (C) (1) (a) 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.

Lane Cove Code Development Control plan

As indicated in the policy compliance table, the proposal complies with the provisions of the Development Control Plan, with the exception of Solar Access due to the east/west orientation.

Variations to Council’s Development Control Plan

The proposal does not comply with the provisions for Solar Access, however it is considered satisfactory on the following grounds:

Solar Access

Clause 1.7.1 (a) of the DCP requires that the proposal should “give reasonable sunlight to the habitable rooms and recreational areas of the subject property and adjoining premises between 9.0am and 3.0pm on 21 June”. And “a portion of north facing windows of the neighbouring dwellings receive at least 3 hours of sun between 9.00am to 3.00pm on 21June.”

Clause 1.7.1 (b) provides that Council may accept reduction in solar access if the topography and lot orientation is such that the 3 hour standard is considered unachievable.

The surrounding properties are oriented east west and it is reasonable to expect that there would be increased overshadowing on all dwelling house towards the south and it would not be possible to meet the requirements of 3 hrs of sunlight between 9am and 3pm to windows serving habitable rooms in the adjoining dwelling. In this regard it is considered that the 3 hour standard is unachievable and therefore unreasonable in this circumstance.

The design seeks to mitigate the effects by increasing the southern side boundary setback to 1665mm and providing additional southern side boundary setback of 3.3m to a portion of the building which includes the lounge on the ground floor. These actions would marginally reduce the impact of the proposed structure.

Other Planning Instruments

State Environmental Planning Policy (Building Sustainability Index) 2004

A Basix report has been submitted along with the application. No issues were raised with regard to water, thermal comfort and energy targets.

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 locality. The proposed development is unlikely to significantly impact on the streetscape and adjoining and surrounding development.

Privacy

The following measures have been introduced as conditions of consent:

·    The south facing sliding door to the ground floor lounge shall be obscure up to a height of 1500mm from the finished floor level (See draft condition 2).

·    The proposed steps to the rear alfresco within the side boundary setback are deleted. (See draft condition 3).  Steps may be introduced towards the rear (west) of the alfresco.

·    A 1500mm high privacy screen shall be installed along the southern side of the rear alfresco (See draft condition 4).

Comment

In view of the above it is considered that a reasonable level of privacy would be maintained between the adjoining properties.

Overshadowing

As indicated in the report above, the proposed development would not meet the 3 hour solar access requirement. Given the topography and lot orientation, the 3 hour standard cannot be achieved and is considered unreasonable.

Comment

The proposal mitigates the effects by increasing the southern side boundary setback which is considered reasonable.

Section 79C (1) (c) - The suitability of the site for the development

The proposal maintains the residential use of the site. 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 original proposal was advertised in accordance with Council’s policy. One submission was received. The applicant amended the proposal which was readvertised and one submission was received. The issues raised in the submissions are addressed as follows.

Solar Access and Overshadowing

Comment

The surrounding properties are substantially oriented east west. It is reasonable to expect that there would be increased overshadowing on all dwelling houses towards the south and it would not always be possible to meet the requirements of 3 hours of sunlight between 9am and 3pm to windows serving habitable rooms in the adjoining dwelling.

The design attempts to mitigate the effects by increasing the southern side boundary setback to 1665mm and additional southern side boundary setback of 3.3m to a portion of the building which includes the lounge on the ground floor. These attempts are considered reasonable.


Visual and Acoustic Privacy

·    Overlooking from the south facing sliding doors to lounge.

Comment

To mitigate impacts of overlooking from the lounge, the sliding door shall be obscure up to a height of 1500mm from the finished floor level (See draft condition 2).

Acoustic Privacy

Comment

The ground floor lounge sliding doors have an additional southern side boundary setback. The acoustic impact of an access towards the side boundary is considered reasonable within the existing urban context.  

·    Steps from the rear alfresco to the rear yard.

Comment

The proposed steps to the rear alfresco within the side boundary setback are deleted as a condition of consent (See draft condition 3).  Steps may be introduced towards the rear (west) of the alfresco.

·    Overlooking from the rear alfresco

Comment

While the alfresco is less than 1m above the ground level. As per clause 1.7.2 of the DCP, privacy is not considered an issue. However, given that the property towards the south is lower than the subject property, overlooking may occur.

In view of the above, a 1500mm high privacy screen shall be installed along the southern side of the rear alfresco as a condition of consent (See draft condition 4).

·    There has been no opportunity to comment on the complying development application for a swimming pool approved by a Private Certifier.

Comment

As per the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, there is no provision for inviting submissions in a complying development application.

Visual Impact

·    Out of character and impact upon streetscape.

Comment

The proposed development meets the provisions of Council’s Development Control Plan in particular with regard to floor spaces ratio, building height and setbacks. The building bulk of the proposed building is considered acceptable.


Sustainability

·    Removal of tree.

Comment

No trees have been proposed for removal.

·    The complying development application for a swimming pool may require removal of a tree.

Comment

This is not a matter of consideration in this application. The swimming pool complying development application has been approved by Private Certifier. A copy of the swimming pool application is available in Council and can be viewed by any member of the public.

Section 79C (1) (e) - The public interest.

The proposed development is considered satisfactory with regard to design objectives and provisions under Council’s Development Control Plan. The proposed development would not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

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 D121/11 for the demolition of existing and construction of a two storey dwelling house at 50 Cullen Street, Lane Cove West subject to the following conditions.

1.         (20) That the development be strictly in accordance with drawing number

                        DA0100 dated June 11

                        DA0201 dated Aug 11

                        DA0301 dated Aug 11

                        DA0401 dated Aug 11

                        DA0500 dated Feb 11

                        DA0600 dated Aug 11

            by Nicholas Gray except as amended by the following conditions.

2.         The south facing sliding door to the ground floor lounge shall be obscure up to a height of 1500mm from its finished floor level.

3.         The proposed steps to the rear alfresco within the side boundary setback area deleted. Steps may be introduced towards the rear (west) of the alfresco. Amended plans shall be submitted prior to the issue of the construction certificate.

4.         A 1500mm high privacy screen shall be installed along the southern side boundary of the rear alfresco.

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

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

7.         (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.

8.         (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.

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

10.       (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.

11.       (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.

12.       (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.

13.       (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.

14.       (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.

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

16.       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)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;

c)         Framework including roof and floor members when completed and prior to covering;

d)         Installation of steel beams and columns prior to covering;

e)         Waterproofing of wet areas;

f)          Stormwater drainage lines prior to backfilling; and

g)         Completion.

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

a)         Retaining walls;

b)         Footings;

c)         Reinforced concrete work;

d)         Structural steelwork; and

e)         Upper level floor framing;

18.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

a)         Dampcourse level;

b)         The establishment of the first floor level;

c)         The roof framing; and

d)         The completion of works.

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

19.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

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

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

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

24.       All waste generated on site shall be disposed off in accordance with the submitted Waste Management Plan.

25.       (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.

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

Tree Conditions

27.     (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.

28.     (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.

29.     (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.

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

31.     (317) A 1.8 m high chain mesh fence shall be erected encompassing the entire grass nature strip. 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.

 

32.     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.

33.     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

34.     (327)  A bond of $3000 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 Ironbark street tree that must be retained.  This bond shall refundable on completion of works and following an inspection and certification of the tree by Council’s 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 Council’s 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.

General Engineering Conditions

35.     (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.

36.     (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. 

37.     (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.

38.     (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.

39.     (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.

40.     (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.

41.     (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’.

42.     (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.

43.     (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

44.     (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

45.     (F1) Overland Flow around Buildings: To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

46.     (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

§ Mosquito protection & first flush device shall be fitted to the reuse tank.

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

47.     (S1) Stormwater Requirement: Environmental pollution control pit is to be installed just prior to the connection to the street system. The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

Engineering Conditions to be Complied With Prior to Construction Certificate

48.     (D2) Drainage Plans Amendments: The stormwater drainage plan D2537 prepared by Nasseri Associates dated 03-06-11 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

          The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

49.     (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

50.     (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage shall be determined by Council.

51.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2000.00 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.

Engineering Condition to be Complied With Prior to Commencement of Construction

52.     (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 plan numbered DA08oo prepared by Nicholas Gray and dated February 2011. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

53.     (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. 

54.     (V3) Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Amended Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 


ATTACHMENT 1

Environmental Services Division Report No. 236 - Amended Site Location Plan

 


ATTACHMENT 2

Environmental Services Division Report No. 236 - Neighbour Notification Plan

 



Inspection Committee Meeting 15 October 2011

Environmental Services Division Report No. 135

 

 

Reference:     Environmental Services Division Report No. 135

Subject:          9A Gamma Road, Lane Cove    

Record No:    DA11/70-01 - 21940/11

Author(s):      Stan Raymont 

 

 

Property:                                 9A Gamma Road, Lane Cove

DA No:                                                DA70/11

Date Lodged:                          Original plans 29 April 2011

                                                Amended plans 11 July 2011

Cost of Work:                          $350,000

Owner:                                                G.E. & R.A. Walker

Applicant:                                Tullipan Homes Pty Ltd

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a part one, part two storey dwelling house.

ZONE

R2 (low density residential)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes, from 7 June 2011 to 11 July 2011

NOTIFICATION                                                                    

Notified of original and amendedproposal                

                                               

                                               

Neighbours                              5, 7, 9, 11 Gamma Road ; 6, 8, 10 Alpha Road; 5, 5A, 7, 9, 11, 13 Beta Road and 1, 2 Delta Road

Ward Councillors                    East Ward and The Mayor

Progress Association              Osborne Park Residents Association Inc.

REASON FOR REFERRAL

The application has been called to Council by Councillor Brookes–Horn due to neighbour concerns about impact of the development.

EXECUTIVE SUMMARY

·     The site was created by the subdivision of 9 Gamma and 10 Alpha Roads.

·     The subdivision was approved by the Land and Environment Court on 13 September 2007 subject to a number of conditions which mostly concerned the retention of two large Sydney Blue Gum trees.

·     The original proposal did not comply with:-

The Land and Environment Court’s conditions for the retention of the trees;

DCP 2009 regarding setbacks from side and rear boundaries;

Amount of cut; and

Impact on the amenity of the adjoining premises.

·     Four submissions were received objecting to the proposal.  Reasons for objection included:-

Non-compliance with Court’s conditions;

Removal of a large gum tree required by Court to be retained;

Loss of privacy and overlooking;

Loss of amenity; and

Side setbacks did not comply.

·     The applicant submitted amended plans on 17 July 2011.  The amended proposal is to construct a part one, part two storey four bedroom brick veneer dwelling house on the site.  The two large trees are shown to remain and the dwelling house has been moved down the site to be 6m from the trees.  The setbacks to the side boundaries comply.  The overall height has been reduced by 785mm to 8.8m.

·     Three submissions have been received in respect of the amended proposal.  Reasons for objection include:-

Non-compliance with Court’s conditions regarding the retention of trees;

Design and location of dwelling house and loss of amenity and privacy; and

Solar access.

·     Subject to a draft condition requiring highlights in the first floor level of the western elevation and a reduction in the deck length the amended proposal is recommended for approval.

SITE

The subject site is a battleaxe allotment located on the northern side of Gamma Road at the rear of 9 Gamma Road.  The land rises from the street and has a retaining wall across and 9m from the rear boundary.  There is a right-of-carriageway over the battleaxe handle in favour of 9 Gamma Road.  The land is vacant and has two large trees towards the rear on the eastern side.  Copies of the Site Plan and Notification Plan are attached as AT-1 and AT-2.

PROPOSAL

The amended proposal is to construct a part one, part two storey, four bedroom brick veneer dwelling house.  There is a double garage proposed at the front and a 3m wide deck at first floor level with a 1.8m high proposed privacy screen at the southern end.  The roof is of a skillion design with a maximum 15o pitch and the roof is pitched with selected colourbond decking.

The two large trees at the rear of the site are shown to remain and the dwelling house has been moved down the site to be 6m from the trees with the exception of a small set of stairs which has a point intrusion into the 6m area.  The dwelling house is shown to be set back 1.5m from the southern and western boundaries, a minimum of 2.6m from the eastern boundary and a minimum of 6m from the rear boundary.

The overall height has been reduced by 785mm to 8.8m, which is less than the 9.5 maximum.

PREVIOUS APPROVALS/HISTORY

Council at its meeting of the 4 September 2006 refused consent to subdivide two lots into three lots at 9 Gamma Road and 10 Alpha Road.

A Section 82A review was submitted and Council at its meeting of the 6 August 2007 resolved to reaffirm the original refusal.

The applicants appealed to the Land and Environment Court and the Appeal was upheld, subject to conditions (copy attached).

Development Application 70/11 was submitted on the 29 April 2011 to construct a part one, part two storey four bedroom house.  There was an attached double garage at the front on the eastern side with a 2.9m wide verandah over.  One of the two large trees was shown to be removed and a future pool to separate DA was shown in the location of the other large tree.

The applicant was advised on the 7 June 2011 that the plans were unsatisfactory and amended plans were submitted on the 11 July 2011.

PROPOSAL DATA/POLICY COMPLIANCE

LEP 2009

Zoning:           R2                   Site area:        550m2 (excluding access)

 

Proposed

Control

Complies?

Floor Space Ratio

0.5:1

0.5:1

yes

Height of Buildings

8.8m

9.5m

yes

Comprehensive DCP

 

Proposed

Control

Complies?

Front setback (min)

> 30m (battleaxe lot)

Consistent with area or 7.5m

yes

Side setback (min)

1500mm

1200mm/1500mm

yes

Rear setback (min)

6m

<1000m2: 8m

no

Wall Height (max)

6.7m

7.0m

yes

Subfloor height (max)

2.35m

1.5m

no

Number of Storeys (max)

2

2

yes

Landscaped area (min)

38%

35%

yes

Solar Access

3 hrs to north facing windows

3 hrs to north facing windows

yes

Deck/Balcony depth (max)

2.95m

3m

yes

Private open space

> 24m2

> 4m minimum depth

24m2 (min)

4m minimum depth

yes

Cut and fill

1.76m

1m (max)

no

Car Parking

 

Proposed

Control

Complies?

Off-street spaces (min)

2

1

yes

REFERRALS

Development Engineer

The comments of the Development Engineer were requested on the amended proposal and draft conditions of consent were provided and have been included in the recommendation in this report (see draft conditions 30-48).

Tree Assessment Officer

The comments of the Tree Assessment Officer were requested on the amended proposal and he has advised that the two Sydney Blue Gum trees must be retained.

            To ensure the protection of the two Sydney Blue gums, the trees must be encompassed by a tree protection zone of not less than 6m radial distance from the trunk of each of the two trees.

The Plans show a minor incursion into the 6m tree protection zone. The result of this minor incursion into the western quadrant of the tree protection zone would have a negligible impact on the two trees.”

Draft conditions of consent have been provided and are included in the recommendation in this report (see draft conditions 25-29).

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.    Rear Setback – Council’s DCP 2009 specifies a minimum rear setback for dwelling houses of 8m or 25% of the site depth (whichever is greater) is to be provided for sites up to 1000m2.  The existing predominant rear setback and site constraints, especially for irregular sites, may be taken into account.

The walls of the rear single storey section of the dwelling house on the western side are shown to be set back 6m from the rear boundary.

In support of the rear setback, the applicant suggests:-

 “Setback of 8.0m is required by DCP.  The proposal provides for a setback of 6.0m.  This elevation is single storey only and provides for only a bedroom and ensuite and as such does not result in a loss of privacy to the adjoining properties.

Further the setback provided is sufficient to enable landscaping, an appropriate area of private open space and the setback ensures appropriate visual separation.

The setback also ensures the retention of Trees 6 and 7 as per conditions imposed on the previous consent.”

The objective of rear setbacks is to provide building separation, sunlight, landscaping, ventilation for the dwelling house and its neighbours.

The setback of the single storey section of the dwelling house 6m from the rear boundary in lieu of 8m is brought about by the need to retain the two large trees and to keep at least 6m from their trunks thus allowing a large landscaped area in the northeast corner of the site.  The 6m wide area at the rear of the proposed dwelling house would also be landscaped except for a small concrete path.

The neighbour to the rear does not object to the proposed rear setback.  However, there is an objection to the proposed setback from the owners of 9 Beta Road located on the western side of the site.

The setback of the single storey section from the rear boundary is considered satisfactory having regard to the constraints on this site.

2.    Subfloor Height – Council’s DCP 2009 indicates that the maximum height to the underside of a basement floor or undercroft areas or subfloor above ground level (existing) is to be no greater than 1.5m. 

This site has a retaining wall and a raised section of land at the rear.  The proposed dwelling house is single storey at the rear on the western side and where the dwelling house changes from two storeys to single storey there is an undercroft area which varies from a minimum of 300mm to a maximum of 2.35m.  This is due to the change in the levels and the proposed dwelling is only a maximum of two storeys at any point.  The undercroft area as proposed is considered to be satisfactory.

3.    Cut – Council’s DCP 2009 specifies that:-

·   Development is limited to a maximum depth of excavation or fill of 1m at any point on the site.

A maximum cut of 1.76m is shown on the eastern side of the dwelling house where part of the rear of the ground floor level is being set into the site.

The maximum cut as proposed allows the rear of the ground floor level of the dwelling house to be set into the site and reduces its impact on the adjoining sites.  The cut as proposed is considered satisfactory.

Court Conditions

This subdivision was approved by the Land and Environment Court on the 13 September 2007 subject to a number of conditions.

The conditions included:-

9.       No excavation or trenches are to be undertaken within six (6) metres of any tree trunk for any future developments.

Comment

The amended plans show the proposed dwelling house to be set back at least 6m from the two trees which are shown to be retained with the exception of a small point intrusion of part of a small stair into the 6m zone.   The Tree Assessment has considered this matter and advised that the intrusion would have a negligible impact on the two trees.

10.         To ensure that there are minimal impacts on the two existing Sydney Blue Gum trees located on the upper level of proposed Lot 2, the following measures are required to be fulfilled prior to any development occurring on Lot 2, namely:

       i)     That the existing retaining wall which bisects the proposed Lot 2 is to be retained and no excavation or disturbance of soil levels are to occur on the upper level other than opening in the retaining wall to enable steps to the upper level; and the demolition of the swimming pool.  (The swimming pool has been filled in).

       ii)    That the existing soil levels in the northwest corner of the lower level adjacent to the retaining wall not be changed or disturbed through excavation for a radius of six (6) metres measured from the outside of the trunk of the Sydney Blue Gum tree identified as tree 6 on the Plan of survey prepared by Robert Moore & Associates Pty Limited dated 31 August 2005.

Comment

In support of the dwelling location as now proposed it is stated by Nolan Planning Consultants on behalf of the applicant as follows:

        “Consent (DA322/05) which was issued by the Land & Environment Court required the retention of Tree 6 and 7 and that there was to be no excavation to the upper level of the retaining wall that dissects the site.

        In this regard, whilst it was considered that Tree 6 (identified as Tree 2 in the Arborist Report submitted with the current application) was identified as being hazardous and should be removed regardless of any application, the proposal has been amended to ensure the health and retention of both Trees 6 and 7.

        Whilst the Consent at Condition 10(i) provided that no excavation was to occur to the north of the existing retaining wall subsequent evidence from the Arborist has indicated that the proposed excavation beyond the retaining wall will not have any detrimental impact on the health of Trees 6 and 7.  The Tree Assessment & Management Report has been submitted under separate cover.

        It is noted that Council has the authority to vary conditions of consent imposed by the Land & Environment Court and that subsequent Development Applications can amend such conditions.

        Given that the proposed development can be constructed without detrimental impact on the Trees 6 and 7 it is considered that the proposal has achieved the intent of the Conditions previously imposed by the Court.”

A single storey section of the proposed dwelling house on the western side is shown to be constructed 3.5m to the north of the retaining wall, as is a small timber deck and stairs.  The only protrusion into the 6m zone from the two trees is a point intrusion of part of the stairs from the deck.  The Tree Assessment Officer is satisfied with this.

The existing retaining wall should be retained where within the 6m radius of the two trees to be retained.

11.     Existing soil levels are to be maintained on lot 2 after subdivision to protect tree roots.

Comment

This is considered should only be applied within the 6m radius zone of the trees to be retained.

12.     This approval does not extend to any tree removal, nor pruning lopping or damaging of any trees on the site or in adjoining lands.

Comment

The two large trees are to be retained and no excavation or trenches are to be undertaken within 6 metres of the trunks of the two large trees.

19.     It should be noted that any future dwelling house should be sited such that it is away from the mature trees in the northern east corner of Lot 2 and the south-eastern corner of Lot 1.

Comment

The amended plans are considered to comply with the abovementioned condition.


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

Three submissions were received in response to the notification of the amended development application plans.  The issues raised in the submissions can be summarised as follows:

·     Two submissions object as the proposal does not comply with the Court conditions regarding the retention of trees.

They say that the applicant through his “GROWING MY WAY” report seeks to go against the Land and Environment Court ruling and attempts to justify that excavation within the protection radius is allowable.

Comment

The comments of Council’s Tree Assessment Officer were requested on the tree issues raised by the commenters and also on the amended Tree Assessment & Management Report dated July/April 2011 by “Growing My Way” Tree Services.  The Tree Assessment Officer has advised that subject to the draft conditions specified that the subject trees would be adequately protected.  (See earlier comments under Tree Assessment Officer).

·     Design and location of proposed dwelling house and loss of amenity and privacy.

(i)         The owner of 7 Beta Road is concerned that they would see a continuous wall 18 metres long and 9 metres high across their rear garden area with 5 windows looking into their garden, bathroom and bedroom reducing their amenity solar access and privacy.

Comment

The proposed dwelling house is two storeys at the front and single storey at the rear.  The proposed dwelling is considered to be approximately 1m below where shown on the drawing submitted with the submission showing impact of 9A Gamma Road on 7 Beta Road.  It is considered to prevent loss of privacy that the windows at first floor level of the western elevation should be highlights with their sills at least 1.7m above the first floor level.  Subject to this draft condition the amended plans are considered a reasonable development of this site having regard to the constraints on the site particularly having to retain two large trees.  (See draft condition 2)

(ii)        The owners of 9 Beta Road are concerned at the 6m rear boundary setback as they will look at a brick wall only 1.5m away from their side boundary.  They want an 8m setback as the DCP requires.

Comment

The proposed dwelling house is mostly single storey at the rear where it adjoins 9 Beta Road.  Subject to the windows in the west elevation of the upper floor level of the proposed dwelling house being highlights with a minimum sill height of 1.7m above the upper floor level and having regard to the constraints on this site particularly having to retain two large trees, the amended proposal is considered satisfactory.

(iii)       The owners of 9 Beta Road are also concerned that the double doors off the main bedroom are indicating further plans to add a possible deck and hence cause further disturbing of the soil in this upper area. 

Comment

The bedroom doors are 250mm above ground level and no deck is shown.

(iv)       The owners of 7 Gamma Road have privacy concerns about the balcony area on the eastern side of the proposed dwelling house.  This balcony would look directly over the backyard of 7 Gamma Road and into the main living area which has walls made entirely of glass.  They want a privacy screen added to the balcony on the eastern side of the dwelling house to avoid overlooking into the yard and living area of 7 Gamma Road.

Comment

Council’s DCP 2009 specifies:-

·     Dwellings or additions shall be designed and orientated so that windows, balconies and decks are not situated directly opposite windows of the habitable rooms of any adjoining dwellings, unless privacy can be addressed; and

·     Elevated decks, terraces or balconies greater than 1m above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m of useable area.  Deeper decks may be considered if privacy to adjoining properties is addressed.

The proposed elevated deck is 3m wide and is located 8m from the eastern boundary with the rear yard of 7 Gamma Road.  To help provide privacy for 7 Gamma Road, a draft condition is recommended that the southern end of the proposed deck at first floor level at the south-eastern corner of the proposed dwelling house be set back in line with the southern wall of the family/living room and the balustrade to the proposed deck being of translucent glass or solid material. (See draft condition 3)

·     Solar access and overshadowing – Council’s DCP 2009 specifies:

            a)         Dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9.00am and 3.00pm on 21st June.  In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June.

            b)         Council may accept reduction in solar access for the subject site and adjacent development if the topography and lot orientation is such that the 3 hour standard is considered unachievable.

            c)         Where adjacent dwellings and their open space already receive less than 2 hours of sun then new development should seek to maintain this solar access where practicable.

(i)         7 Beta Road has overshadowing concerns.

Comment

Whilst part of the yard of 7 Beta Road would be overshadowed at 9am, the north facing windows of 7 Beta Road would receive at least 3 hours of sunlight between 9am and 3pm on the winter solstice.

(ii)        9 Beta Road is concerned at significant overshadowing particularly of the dwelling house at 9 Gamma Road.

Comment

9 Gamma Road is a single storey dwelling house.  Due to the constraints on this site, the amended plans show the proposed dwelling house moved down the site to be 1500mm from the rear boundary of 9 Gamma Road. 

It is considered that the solar access complies with the requirements of the DCP.  Note:  The owners of 9 Gamma Road have not commented on the amended plans.

·     Floor space ratio – One commenter objects to the floor space ratio as proposed.

Comment

The floor space ratio as proposed complies with Council’s LEP 2009 requirement of 0.5:1.

·     Cut and fill – One commenter objects to the cut and fill as it does not comply with Council’s DCP 2009.

Comment

The maximum cut of 1.76m as proposed allows the rear of the ground floor level to be set into the site and reduces its impact on the adjoining sites.  The proposed cut is not within the 6m zone from the two large trees and is considered satisfactory.

CONCLUSION

The matters in the DOPI Guidelines in relation to Section 79C considerations have been satisfied.

The subject site has a number of constraints for the erection of a dwelling house, particularly the retention of the two large trees.  Subject to the conditions in the recommendation, the amended proposal is considered a reasonable development of this site and not to adversely impact on the amenity of the area or the streetscape.

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 D70/11 for the construction of a dwelling house on Lot 2, DP 1155797 and known as 9A Gamma Road, Lane Cove subject to the following conditions:

1.         (20) That the development be strictly in accordance with drawing numbers BT-31-13-B-1A, 2, 3, 4, 5, 6 dated 20.6.11 by Tullipan Homes Pty. Ltd. and 10421-D1B, D2B, D3B dated 7.7.11 by EZE Hydraulic Engineers except as amended by the following conditions.

2.         To prevent loss of privacy all the windows at first floor level of the western elevation of the proposed dwelling house being highlights with their sills at least 1.7m above the first floor level.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3.         To help provide privacy for 7 Gamma Road, the southern end of the proposed deck at first floor level at the south-eastern corner of the proposed dwelling house being set back in line with the southern wall of the family/living room and the balustrade to the proposed deck being of translucent glass or solid material.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A 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.         (137)  Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

7.         (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.

8.         (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.

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

10.       No excavation or trenches are to be undertaken within six (6) metres of the trunks of the two existing Blue Gum trees which are to be retained.

11.       To ensure that there are minimal impacts on the two existing Sydney Blue Gum trees located on the upper level of Lot 2, the existing retaining wall which bisects Lot 2 is to be retained where within 6m of the trunks of the two existing Blue Gum trees.

 12.      (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.

13.       The site is to be property fenced to prevent access of unauthorised persons outside of working hours.

14.       The proposed 1.8m high privacy screen on the south side of the balcony being replaced with a 1.8m high solid permanent privacy screen.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

15.       (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.

16.       (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.

17.       (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.

18.       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)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

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

b)         Retaining walls;

c)         Footings;

d)         Reinforced concrete work;

e)         Structural steelwork;

f)          Upper level floor framing.

20.       (67) 

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

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

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

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

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

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

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

21.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

This requirement is satisfied by:-

(a)        Smoke alarms installed in -

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in -

(a)        any storey containing bedrooms -

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

22.       (130)  Compliance with the Waste Management Plan approved under this application.

23.       (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.

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

25.       (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.

26.       (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

27.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 6m from the trunk of the two Sydney Blue gums located at the rear of the allotment. 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 except for construction of the set of steps.

28.       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.

29.       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

30.       (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.

31.       (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. 

32.       (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.

33.       (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.

34.       (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.

35.       (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.

36.       (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’.

37.       (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.

38.       (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

39.       (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

            The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:-

·   Longitudinal section along the extreme wheel paths of the driveway/right of way at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.

40.       (F1) Overland Flow around Buildings: To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

41.       (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:-

·   Rainwater draining to the reuse tanks is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

·   Mosquito protection & first flush device shall be fitted to the reuse tank.

·   The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

·   Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

Engineering conditions to be complied with prior to Construction Certificate

42.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 10421 sheets D1-D3 issue B prepared by EZE Hydraulic Engineers dated 07-07-11.

            Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

            The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

43.       (V2) Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

44.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres of the proposed excavation.

            The applicant shall:-

(a)        Seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties;

(b)        Detail what measures are to be taken to protect those properties from undermining  during construction; and

(c)        Provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties.

            The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

            A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

            All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

45.       (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

46.       (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.

Engineering condition to be complied with prior to commencement of construction

47.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plans prepared by EZE Hydraulic Engineers numbered E1-E3 issue A and dated 30-03-11. The devices shall be maintained during the construction period and replaced when necessary.

Engineering condition to be complied with prior to Occupation Certificate

48.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

·    Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

 

 

 

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Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


ATTACHMENT 1

Environmental Services Division Report No. 135 - Site Location Plan

 


ATTACHMENT 2

Environmental Services Division Report No. 135 - Neighbour Notification Plan