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Agenda

Independent Hearing and Assessment Panel Meeting

5 March 2013, 5:00pm
*Please note item 3 of the Agenda, has been amended
A site inspection will be held at 3pm for panel members only

 


Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, Lane Cove Council, 48 Longueville Rd Lane Cove on Tuesday 5 March 2013 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

IHAP Meeting Procedures

 

The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC.  The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager. 

 

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

 

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting.  All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611.  Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum.  Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

 

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded.  Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature. 

 

Minutes of IHAP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting.  If you have any enquiries or wish to obtain information in relation to IHAP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast.  Webcasting allows the community to view proceedings from a computer without the need to attend the meeting.  The webcast will include vision and audio of members of the public that speak during the Public Forum.  Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language.  Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.


Independent Hearing and Assessment Panel Meeting 5 March 2013

TABLE OF CONTENTS

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

Members of the public may address the Panel to make a submission.

 

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 6 NOVEMBER 2012

 

 

Independent Hearing and Assessment Panel Reports

 

2.       6 Gay Street, Lane Cove

 

3.       Erratum - 145-153 Longueville Road, Lane Cove

 

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 5 March 2013

6 Gay Street, Lane Cove

 

 

Subject:          6 Gay Street, Lane Cove    

Record No:    DA12/156-01 - 58278/12

Division:         Environmental Services Division

Author(s):      May Li 

 

 

 Property:                    6 Gay Street, Lane Cove North

 

DA No:                                    DA156/12

 

Date Lodged:              14 September 2012

 

Cost of Work:              $400,000.00

 

Owner:                                    P & P W J Wanduragala

 

Applicant:                    Mark Abbey

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alteration and addition to the existing building for the extension of an existing child care centre and increase in  the number of children from 23 to 40.

 

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 4, 7a & 9b

STOP THE CLOCK USED

Yes – 102 days

NOTIFICATION

Neighbours

1, 2, 4, 12-14 Gay Street; 1 Kariola Street; 27-29, 28-32 Roslyn Street, Lane Cove North

 

West Ward Councillors

 

Progress Association

Lane Cove North Residents Association

 

 

REASON FOR REFERRAL

 

The development application has been flagged by Councillor Brooks-Horn as the neighbours raised concerns to the extension of the child care centre with regard to increase in traffic and demand of on-street parking in the nearby streets.

 

The application is referred to the Independent Hearing and Assessment Panel (IHAP) for determination by the General Manager in accordance with his delegation.

 

EXECUTIVE SUMMARY

 

The subject site is located within R2 Low Density Residential zone. On the site there exists a two storey building which is partially used for a dwelling house and partially used for a child care centre and accommodates 23 children. 

 

The proposal involves alteration and addition to the existing building to extend the child care centre and increase the number of children from 23 to 40.  Part of the existing dwelling house on the first floor of the building would be converted into a caretaker’s flat.

 

The proposal meets the building height and floor space ratio standards of the Lane Cove Local Environmental Plan 2009 (LEP).

 

The proposal meets the requirements of the Lane Cove Development Control Plan (DCP) with the exception of the landscaping and car parking requirements. 

 

A number of nearby residents raise the following concerns with the proposed development:- 

 

·    inadequate on-site car parking;

·    increase in traffic and parking demand on nearby streets;

·    impact on streetscape; and

·    increase in noise from the operation of the child care centre.

 

Given the proximity of the proposed development to the bus routes on Mowbray Road West and the availability of on street parking on nearby local roads, Council’s traffic engineer has advised that Council may exercise flexibility in the application of Council’s DCP requirements for off street parking.

 

Council’s Traffic Committee in its meeting dated 22 January 2013 approved the applicant’s proposal to implement a 15 minute on-street parking zone on Roslyn Street for the purposes of drop-off and pick-up at the child care centre.

 

The applicant has submitted amended plans to delete two car spaces at the Gay Street front setback area to maintain the front garden area and reduce a potential conflict between pedestrians and cars.

 

The application is recommended for approval subject to draft conditions that address amenity and on-street parking concerns.

 

SITE

 

The site is located at the north-eastern corner of Gay and Roslyn Streets.  There exists a two storey building which is partially used for a dwelling house and partially used for a child care centre and accommodates 23 children. 

 

Surrounding developments comprise of single and two storey dwelling houses.  Site Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The original proposal involves alteration and addition to the existing building for the extension of the child care centre and increase in the number of children from 23 to 40. There would be a total of 9 staff at full capacity.  The proposed works are as follows:-

 

 

 

Lower Ground Level

 

·    Extension of the existing double garage for car parking with access to Roslyn Street. 

 

·    The car park would accommodate 4 car parking spaces.

 

Ground Floor Level

 

·    Conversion of the existing single garage and the attached store room into an indoor play area with a store room.

 

·    Conversion of part of the existing driveway to the north of the existing house behind the building line into an outdoor play area.

 

·    Conversion of the front garden area into a car park for 3 cars.

 

·    Conversion of the ground floor of the dwelling house to provide for additional space for the childcare centre.

 

·    Rear extension to the existing building to provide for additional indoor play area.

 

·    Conversion of the swimming pool to an On Site Stormwater Detention System (OSD) and an outdoor play area.

 

First Floor

 

·    Conversion of three bedrooms of the dwelling house to a two bedroom caretaker’s flat.

 

Note: 

 

·    The caretaker’s flat would share the main entrance with the child care centre.

·    There is no on-site parking provision proposed for the caretaker’s flat in the original development proposal.

 

The amended plans submitted in January 2013 have deleted the two car spaces at the front setback area of Gay Street and retained the area for landscaping.

 

There were 7 car spaces in the original proposal and the amended plans have reduced the on-site parking provision to 5 car spaces including a disabled car space.

 

PREVIOUS APPROVALS/HISTORY

 

DA/BA No.

Date

Proposal

Decision

5.1987.556.1

15/6/1987

Childcare centre

Approved

5.1995.97.1

7/8/1995

Childcare centre

Approved

6.1995.178.1

25/9/1995

Alteration and addition to a childcare centre

Approved

6.1995.166.1

8/8/1995

Amendment to pool plan

Approved

8.2006.278

29/11/2006

Installation vergola, shade sail in the outdoor play area and increase children number from 21 to 23

Approved

 

The previous development history indicates that the site has been used as a dwelling house and a childcare centre for 23 children.  The DA 06/278 also indicates 5 car spaces including a double garage, a single garage and two car spaces on the driveway off Gay Street were required for the uses of the dwelling house and the child care centre for 23 children.

 

The current development proposal provides 5 car spaces for the proposed child care centre for 40 children and a care taker’s flat. 

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Site Area (828.3m2)

 

Local Environmental Plan 2009

 

 

Control

Proposed

Complies

Floor Space Ratio

0.5

0.44:1

Yes

Height of Buildings

9.5m

8.4m (As existing)

Yes

 

Lane Cove Development Control Plan (DCP) – Part I – Child Care Centres

 

Provision

Requirements

Proposed

Complies

I.3.1  Indoor play area

3.25m2/child

3.4m2/child

Yes

I.3.2  Other indoor space

Minimum 5m2 for each employee (45m2 required)

 

Administration room required

52m2

 

 

Office is provided

Yes

 

 

Yes

 

I.3.3  Outdoor play area

7m2/child

 

30% Natural Planting area (excluding turf)

 

30% turfed area

 

40% surfaces (including san, soft fall, paving and timber platforms)

 

7.54m2/child

 

8%

 

 

0%

 

92%

 

Yes

 

No

 

 

No

 

Yes

I.4  built form & building appearance

The design and layout of the child care centres must respond to the character of the existing neighbourhood and streetscape.  Existing residential character of the locality must be maintained through the use of appropriate finishes, materials, landscaping, fencing and plantings. 

 

 

 

 

 

In low density residential areas, childcare centres are to be single storey in height for reasons of safety and access.  In the case of 2 storey buildings, the second storey should only be used for the purposes of storage and staff facilities.

 

The building form is compatible with the surrounding dwelling houses.  However, the original proposed car park located within the front setback area of Gay Street was inconsistent with the streetscape which is dominated by front gardens to the dwelling houses

 

 

The proposed child care is located on the ground floor and the first floor is proposed for a caretaker’s flat.

No.  However, the applicant has submitted amended plans to delete the car spaces at the Gay Street front setback area.

 

 

 

 

 

 

 

Yes

I.5  Car parking / traffic

A minimum ratio of parking spaces to children of 1:4. 

(Minimum of 10 car spaces required)

 

 

 

 

 

 

 

 

The centre should not be located on a road which carries traffic volumes in excess of 1000 vehicles per hours.

 

5 car spaces proposed

 

 

 

 

 

 

 

 

 

 

 

Gay Street and Roslyn Street are quite streets with low traffic volumes.

No

It is also noted that there is no onsite parking provision for the 2 bedroom caretaker’s flat.  The minimum car parking requirement is 11 spaces.

 

Yes

I.6  Accessibility 

Access should be in accordance with Australian Standard 1428.1 to 4 to comply with Part D of the Building Code of Australia

 

Proposed

To be conditioned to comply

I.7  Safety/security/fencing

a)  Floor should be of a non-slip surface and easy to clean

 

 

b)  Fire safety precautions must be provided in accordance with BCA and AS.

 

c)  Every gate should be provided with a childproof self-locking mechanism, but must still be accessible for adults in wheelchairs.

 

d)  Child care centres which are not entirely located at ground level must satisfy Council as to their high safety level relating to fence/balcony heights, reduced window opening size etc. 

 

e)  Any part of the child care centre is designed for outdoor play space must be fenced on all sides.

 

f)  Any side of a stairway, ramp, corridor, hallway or external balcony that is not abutting a wall must be enclosed to prevent a child being trapped or falling through. 

 

g)  Fences should be designed to minimise noise transmission (on busy roads), improve privacy and must not dominate the streetscape.  Materials and finishes for fences may be used that complement the surrounding streetscape

 

Not shown on the plans

 

 

 

Not shown on the plans

 

 

 

Not shown on the plans

 

 

 

 

 

N/A as the first floor would be used for a caretaker’s flat and the flat is not accessible to children in the centre. 

 

 

 

 

The proposed outdoor play areas are fenced on all sides.

 

 

N/A

 

 

 

 

 

 

2m & 1.8m high acoustic fences are proposed along the north, east and southern boundaries to minimise noise impact to the adjoining properties.

To be conditioned to comply

 

To be conditioned to comply

 

To be conditioned to comply

 

 

 

N/A

 

 

 

 

 

 

 

 

Yes

 

 

 

 

N/A

 

 

 

 

 

 

Acceptable

I.8  Environmental hazards/air quality

 

a)   Child care centre located on busy, exposure to air and noise pollution sources should be minimised by the use of air conditioning and the location of outdoor play areas.

 

b)   To avoid mosquito bite infections Council may require that all doors and windows should be screened.  Mosquito breeding must be minimized by ensuring that drains and gutters are cleared and/or covered and that dark, damp areas are clear of vegetation and clutter.

 

The proposed child care centre is not located on a busy road.

 

 

 

 

 

 

 

Details are not shown on the plans

N/A

 

 

 

 

 

 

 

 

 

To be conditioned to comply. 

I.9 Landscaping /planting

 

a)   Planting should be used for its quality of shading, screening and decorating outdoor areas.  Trees located on the northern and western boundary will shade the place during the hottest part of day.

 

b)   The planting and vegetation should provide educational features.

 

c)   Where the outdoor play area is proposed above ground level natural plants are to be provided in pots.

 

 

Trees are proposed along the northern boundary to provide shading to the outdoor play area.

 

 

 

 

 

Not shown on the plans

 

 

 

 

The proposed child care centre is located on the ground floor of the site.

 

Yes

 

 

 

 

 

 

 

 

 

To be conditioned to comply

 

 

N/A

I.10  Privacy and Noise Minimisation

 

a)   Effect should be made to reduce any possible adverse noise impact into the child care centre.  In certain situations, this may require double-glazing of windows or appropriate location of windows.

 

b)   The development application should demonstrate that privacy and noise minimisation for neighbouring properties have been considered in designing the centre.

 

The proposed child care centre is located in a quiet residential street and adverse noise impact from traffic to the centre is considered minor.

 

 

 

An acoustic assessment report was submitted with the development application and acoustic fences are proposed along the northern, eastern and southern boundaries.

 

N/A

 

 

 

 

 

 

 

 

Yes

I.11

Sustainability

Applications in residential zonings need to indicate that they fulfil any requirements for a BASIX Certificates which may have been introduced by the State government for relating to water and energy efficiency etc. 

 

Energy Efficiency Report was submitted with the development application

Yes

I.12 Hours of Operation

The maximum hours of operation shall be between 7.00am and 6.00pm, Monday till Friday, in a residential zone.

The proposed hours of operation are not specified in the application

To be conditioned  to comply

 

 

REFERRALS

 

Manager Urban Design and Assets

 

The development engineer has endorsed the amended plans and provided the following advice:-

 

·    A new stormwater concept plan has been conditioned to reflect the amended plans.

·    A new footpath on Council property is proposed and has been conditioned.

 

The recommended engineering conditions have been included in the draft conditions.

 

 

Traffic Manager

 

Council’s traffic engineer has provided the following advice to the original proposal:-

 

·    The disabled space shown on drawing A01 does not comply with AS 2890.6: Off-street parking for people with disabilities. This standard requires a  shared space of 5.4m x 2.4 m to be kept clear of obstruction on one side of the disabled parking space to allow access/egress from the vehicle for people with mobility difficulties, wheelchairs etc. This needs to be shown on the plan.

 

·    The removable bollard represents an obstruction to vehicles manoeuvring in to or out of car spaces 2 and 3 and is incorrectly positioned. The bollard should be placed in front of the shared space to prevent parking in the area next to the disabled space.

 

·    Once the shared space and the bollard are correctly illustrated on the plan it will be clear that there is not sufficient room for an average sized car to enter car space 3.

·    Drawing A02 appears to shows that there is insufficient space for vehicles to enter or exit spaces 5 or 7 in a single manoeuvre. Swept paths should be indicated on the plans to demonstrate compliance with AS 2890.1: Off-street parking.

 

·    Given the proximity of the proposed development to bus routes on Mowbray Road West and the availability of on street parking on nearby local roads, it is permissible to allow some flexibility in the application of Council’s DCP requirements for off street parking.  However, non-compliance with Australian Standards in the design of off street spaces is not permissible as it may cause drivers to undertake manoeuvres that endanger pedestrians or other car drivers.

 

The traffic engineer further advised that the amended plans now address all the concerns raised in the above comments of 29 January 2013.

 

The on-street pick-up/drop-off facility which has been recommended for approval by the Traffic Committee has been adopted by Council in its meeting of 18 February 2013.

 

Traffic Committee

 

Traffic Committee considered Robert Varga’s traffic report in conjunction with the development application for 6 Gay Street on 22 January 2013.

 

The proposal to implement 15 min on-street parking on Roslyn St for the purposes of drop-off and pick-up at the child care centre was considered acceptable with one amendment:-

 

The hours of operation being changed to 7.30-9.00am and 4.00-6.00pm Monday - Friday (this is consistent with similar facilities in Lane Cove, for example at Sera Street).

 

The Traffic Committee considered that the following factors were pertinent when considering the shortfall of parking off-street for staff and visitors:-

 

1.   Based on multiple site inspections at different times of day it is clear that there is available on-street parking.

 

2.   The DA is for the extension of existing child care facilities therefore some flexibility should be allowed to account for the constraints of the site.

 

The Traffic Committee’s recommendations have been adopted by Council in its meeting of 18 February 2013.

 

Manager Open Space

 

The Senior Tree Assessment Officer has provided the following advice:-

 

“The subject allotment does not contain trees that would need to be protected during construction works.

 

The main tree related issues are on the nature strip.  The new driveway will extend past the location of one of the Water gum street trees at the Gay Street frontage of the site.  Additionally, the plans show a new footpath on the nature strip area around the entire allotment.  Council has planted four (4) trees on the nature strip area and all trees are vulnerable to construction damage during construction of the footpath and driveway crossings. 

 

The plans show the transplanting of one Water gum.  This is not supported by Council.  It would be more appropriate to remove and replace this tree.  The other Water gum closer to the corner can be retained and protected.  The two Bottlebrush street trees standing in Roslyn Street should be removed and replaced following completion of the development works.

 

The owners would be required to pay Council the sum of $500 to establish replacement trees and this fee is payable prior to issue of the Construction Certificate.  The owners are responsible for removal of the three street trees and the stumps must also be removed.

 

The Landscape Concept Plan is to the satisfaction of Council and must be adopted as part of the development consent.”

 

Appropriate draft conditions have been provided which have been included in the report.

 

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

 

The subject site is located within a R2 Low Density Residential zone and child care centres are permissible within the zone. 

 

Other Planning Instruments

 

Lane Cove Development Control Plan (DCP)

 

Part I of the DCP outlines the objectives and the requirements for child care centre developments. 

 

Objectives

 

1.   To encourage the provision of Child Care Centres in the Lane Cove Local Government Area which meet the needs of the community, in particular with the provision of spaces for 0-2 year olds.

 

Officer’s Comment

 

The proposed child care centre would provide 40 care places including 12 places for 0-2 year olds which accords with the needs of Lane Cove community.  The proposal meets the objective of the DCP.

 

2.   To ensure that sites containing Child Care Centres are appropriate for that purpose and provide a functional and pleasant environment for their users.

 

Officer’s Comment

 

The proposed development meets the indoor and outdoor play area requirements of the DCP.  The pedestrian access to the main entry is separated with the vehicular driveway which would create a safe environment for the parents and children.

 

3.   To ensure that sites containing Child Care Centres are compatible with the environment in which they are situated, particularly in terms of visual character, landscaping etc.

 

Officer’s Comment

 

All surrounding properties in Gay Street and Roslyn Street are dominated by front gardens.  The front setback area to Gay Street would be maintained for landscaping which would  reinforce the predominant residential streetscape.

 

4.   To ensure that potential adverse impacts from Child Care Centres on surrounding residential areas, such as those created by noise, traffic generation and on-street parking, are minimized.

 

Officer’s Comment

 

The proposed development does not meet the parking requirement of the DCP and would increase both on and off street parking demand.  However it is considered that  the availability of adequate on street parking would meet the increase in demand. 

 

Car Parking

 

The parking provisions of the DCP require the ratio of parking spaces to children is 1:4.  This includes parking for both staff and parents.  The proposal provides 5 car spaces for a 40 children child care centre and a care taker’s flat. 

 

Officer’s Comment

 

The parking requirement of proposed development is 11 car spaces. 

 

The previous consent indicates that 5 car spaces are required for the existing child care centre for 23 children and the dwelling house.  3 car spaces including a single garage and two spaces on the driveway off Gay Street are allocated for the child care centre.  The double garage off Roslyn Street is allocated for the dwelling house. 

 

The proposal would down size the dwelling house to a caretaker’s flat and the parking requirement for the residential use would be decreased from 2 car spaces to 1 car space.

 

The additional 17 children in the childcare centre would increase the parking demand by 4 cars (17/4).  The flat requires 1 car space.  The proposed extension would increase the parking demand by 3 cars.

 

The two existing car spaces on the existing driveway behind the building line and the single garage would be converted to an indoor and outdoor play area for the child care centre. 

 

The amended proposal comprises 5 car spaces and there would be a deficiency of 6 car spaces as per the DCP parking requirement. 

 

Given that there is adequate on-street parking in Gay Street and Roslyn Street adjacent to the centre, the traffic committee and Council’s traffic engineer have considered that the existing on-street parking can accommodate the additional parking demand. 

 

A draft condition requiring the gate of the lower ground floor car park to remain open during the hours of operation of the childcare centre has been included in the draft conditions (See draft condition 13).

 

Landscaping

 

The original proposal included the construction of 3 car parking spaces at the front garden area.  It would significantly reduce the landscaping at the front garden area and create an untidy and adverse visual impact on the streetscape in a low density residential area.  The applicant has been requested to remove the 2 car spaces and increased the landscape area in the amended plans.

 

The outdoor play area would be covered by artificial grass. The applicant states that natural turf required by the DCP is not practical for the operation of a childcare centre and has requested for a variation to the DCP requirements.

 

Officer’s Comment

 

The landscaping in the amended plans is considered compatible with the existing streetscape. The variation to the DCP outdoor play area requirements is considered acceptable.

 

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 departure has been discussed in the previous section of the report.

 

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

 

The development proposal was notified in accordance with Council’s notification policy.  56 submissions were received in response to the notification of the development application.  40 submissions and a petition with 18 signatures raised objections to the development proposal.  Issues raised in the objections can be summarised as follows:-

 

·    Inadequate on-site car parking

 

Officer’s Comment

 

It is agreed that the proposal would not meet the on-site parking requirements of the DCP and there is a deficiency of 6 car spaces.

 

·    Unacceptable impact of traffic and parking on street

 

Officer’s Comment

 

It is agreed that the proposal would increase traffic and parking demand on Gay Street and Roslyn Street.  The proposal to implement time limited on-street parking on Roslyn St for the purposes of drop-off and pick-up at the child care centre is considered acceptable by the Traffic Committee.  Council’s traffic engineer and the Traffic Committee have accepted the applicant’s traffic engineer’s statement that the existing street parking facility would meet the additional parking demand.

 

·    Unacceptable impact on streetscape and locality

 

Officer’s Comment

 

The proposed car park located within the front setback of Gay Street would create an adverse visual impact to the streetscape and is not supported.  The applicant has amended the proposal to retain the landscape character of the Gay Street frontage. 

 

·    Noise Impact

 

Officer’s Comment

 

Child care centres are permissible within residential area in accordance with Lane Cove LEP.  The operation hours of the centre would be 7.00am to 6.00pm, Monday to Friday (See draft condition 27).  Acoustic fences are proposed along the boundaries adjacent to dwelling houses. 

 

15 submissions in support of the proposed development have been received.  The submissions state that there is a high demand for child care services in the area and the proposed development would create social benefits to Lane Cove community. The proposed child care centre is considered acceptable within this residential area. 

 

CONCLUSION

 

The matters in relation to Section 79C considerations of the Environmental Planning and Assessment 1979 have been satisfied.

 

The extension to this existing childcare centre would contribute to the child care needs of the Lane Cove Community.  The likely increase in on street parking as a result of the proposed expansion is considered reasonable in the circumstance given the inclusion of a time limited on-street parking zone.  The application is recommended for approval subject to draft conditions.

 

 

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 DA 12/156 for the alteration and addition to the existing building for the extension of an existing child care centre and increase in  the number of children from 23 to 40 on Lot 3, DP 391077 and known as 6 Gay Street, Lane Cove North subject to the following conditions:-

 

General Conditions

 

1.         That the development be strictly in accordance with the following drawings dated 13.01.2013, prepared by Harry Stone Architects except as amended by the following conditions:-

 

-           Site & Ground Plan, A01;

-           Garage & First Floor Plan, A02;

-           Elevations, A03;

-           Sections AA & BB, A04;

-           Boundary Fence Elevation, A12;

-           Landscape Plan, 12LA1B, dated May 2012.

 

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

 

3.         All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

4.         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.

 

5.         An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

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

 

7.         Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       All advertising signs/structures being the subject of a separate development application.

 

12.       5 on-site carparking spaces must be provided for the use of proposed use at all times.

 

13.       Any gates to the garage must remain open during the hours of operation of the child care centre.

 

14.       A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

16.       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;

e)         upper level floor framing.

 

17.       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.

 

18.       The use of mechanical rock pick machines.

 

(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.

 

19.       The proposed works must be confined within the boundaries of the site.

 

20.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

21.       All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

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

 

23.       The site must be properly fenced to prevent access of unauthorised persons outside of working hours.

 

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

 

25.       Compliance with the Waste Management Plan submitted with the development application.

 

26.       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.

 

27.       The hours of operation being restricted to between the hours of

 

Monday to Friday:                                           7.00am to 6.00pm.

Saturday, Sunday and public holidays:          Closed.

 

28.       Lane Cove Council charges a fee of $36 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.

 

29.       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 installments, the first installment 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.

 

30.       Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

31.       The caretaker’s flat must not be used as a separate dwelling without prior development consent from Council.

 

32.       The proposed development must comply with the recommendation of the Childcare Centre – Noise Assessment dated March 2012, prepared by Noise and Sound Services.

 

General Engineering Conditions

 

33.       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.

 

34.       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. 

 

35.       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 hoarding applications, 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.

 

36.       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.

 

37.       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.

 

38.       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.

 

39.       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’.

 

40.       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

 

41.       Drainage Plans New: A new stormwater drainage plan in accordance with the approved architectural plans needs to be prepared and certified by a suitably qualified engineer is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

42.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on-site detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

43.       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.

 

44.       Boundary Levels: The levels of the street alignment and new footpath 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.

 

45.       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.       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. Lodgment of this bond is required prior to the issue of the Construction Certificate.

 

47.       Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering Condition to be complied with prior to commencement of construction

 

48.       Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’ [OR] ‘(C1) Soil and Water Management Plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be complied with prior to Occupation Certificate

49.       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. 

 

50.       Positive Covenant OSD:  Documents giving effect to the creation of a positive covenant over the on-site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with Part O, Council’s DCP-Stormwater Management.

 

Tree Protection and Landscaping Conditions

 

51.       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.

 

52.       The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40mm in diameter. The three (3) street trees to be removed are exempt from this condition.

 

53.       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.

 

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

 

55.       A 1.8m high chain mesh fence shall be erected a radial distance of not less than 1.2m from the trunk of the Water gum street tree closest to the corner. 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.

 

56.       A waterproof sign must be placed on the tree protection zone 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.

 

57.       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 & Council Trees

 

58.       Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $2,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the Water gum street tree that is on the public road reserve immediately adjoining the land subject of this development consent.

 

The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said tree. If the cost of making good any damage caused to the said tree as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage."

 

The bond shall be refundable following issue of the Occupation Certificate. The owner must notify Council’s Senior Tree Assessment Officer who will inspect the street tree and organize the bond refund.

 

59.       The two Bottlebrush street trees and the one (1) Water gum street tree adjacent to the driveway crossing shall be removed and the stumps ground out as part of the development works. This work will be the responsibility of the land owners.

 

60.       The owner shall pay Council the sum of $500.00 for the cost and labour to establish two (2) replacement street trees directly adjacent to the site. Payment must be received PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE. If the tree dies within a period of 3 years from establishment the owner shall pay for a replacement tree.

 

61.       The proposed Landscape Plan DWG No: 12 LA 1 B dated May 2012 is to the satisfaction of Council and must be adopted as part of the development consent.   

 

62.       The on-street pick-up/drop-off facility on Roslyn Street approved by Council’s Traffic Committee on 22 January 2013 must be implemented at the cost of the applicant prior to the release of the Occupation Certificate.  

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

 

 


Independent Hearing and Assessment Panel Meeting 5 March 2013

Erratum - 145-153 Longueville Road, Lane Cove

 

 

Subject:          Erratum - 145-153 Longueville Road, Lane Cove    

Record No:    DA12/1-01 - 10536/13

Division:         Environmental Services Division

Author(s):      Stan Raymont 

 

 

Executive Summary

 

The report “145-153 Longueville Road, Lane Cove” for the use of Lane Cove Public School to operate a weekly market has been amended since it was published on 26 February 2013. There were some errors within the report and these have now been corrected as shown below and highlighted in yellow in the previous report shown attached as AT 1:-

 

 

·    The proposed set up time would be from 7.00am to 8.30am;

 

·    The hours of operation of the market would be from 8.30am to 1.00pm;

 

 

 

 

RECOMMENDATION

 

That the amended report (Erratum) for 145-153 Longueville Road, Lane Cove be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Environmental Services Division Report for 145-153 Longueville Road

13 Pages