Independent Hearing and Assessment Panel 2 April 2013

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Agenda

Independent Hearing and Assessment Panel Meeting

2 April 2013, 5:00pm
Please note 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 2 April 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.

 

 

 

 

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 - 5 MARCH 2013

 

Independent Hearing and Assessment Panel Reports

 

2.       235 - 245 Burns Bay Road, Lane Cove West

 

3.       235 - 245  Burns Bay Road, Lane Cove West

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 2 April 2013

235 - 245 Burns Bay Road, Lane Cove West

 

 

Subject:          235 - 245 Burns Bay Road, Lane Cove West     

Record No:    DA11/181-01 - 12105/13

Division:         Environmental Services Division

Author(s):      Andrew Thomas 

 

 

Property:                     235 – 245 Burns Bay Road, Lane Cove West

 

DA No:                                    DA11/181 (s.82A Review application)

 

Date Lodged:              14.1.13 (s.82A Review of the determination of the development application)

 

Cost of Work:              $500,000

 

Owner:                                    Caltex Australia Pty Ltd

 

Applicant:                    The Planning Group

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Retail building and associated parking facilities.

ZONE

B1 Neighbourhood Centre

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 6 and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours      222 – 254 and 229 – 249 Burns Bay Road; 1 Johnston Lane; 47-55 and 54-78 Penrose Street; 1 – 15 Wood Street and 5 & 7 Gumtrees Lane.

Ward Councillors                    West

Progress Association              Lane Cove West Residents Association Inc.

Other Interest Groups             N/A

 

REASON FOR REFERRAL

 

This s.82A Review of Council’s refusal of Development Application 181/11 is referred to the Independent Hearing and Assessment Panel for determination because the original development application was determined by Council under delegated authority.

 

EXECUTIVE SUMMARY

 

Note to the Independent Hearing and Assessment Panel (the IHAP): shown attached at AT1 to this report is Council’s assessment of the development application that is the subject of this s.82A Review. It is recommended that the IHAP review the shown attached report as it deals with all of the contentious issues regarding the Development Application.

 

Development Application D181/11 proposed a retail building and associated car parking on the northern part of the existing Caltex service station site at 235 – 245 Burns Bay Road, Lane Cove West. The Development Application (DA) was refused by Council under delegated authority on 16 July 2012. Council’s assessment report and determination letter are shown attached at AT1 and AT2 respectively. The DA was refused because the following information had not been provided:-

 

1.          A contamination report in accordance with State Environmental Planning Policy No. 55 – Remediation of Land and the Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites; and

2.          A Site Audit Statement prepared by a NSW Site Auditor in relation to the contamination report prepared by Geo - Logix, dated June 2012. 

 

As no amendments have occurred to either the LEP 2009, or the DCP 2009, that would affect the site, statements in relation to both of these two Council documents still apply.

 

The Applicant’s s.82A Review is in response to Council’s 2 reasons for refusal of the DA. The main issue in this review continues to be contamination of the service station site as a whole. The other main issue is how this potential contamination might impact on the proposed retail building.

 

Based on the reasons for refusal of the DA, Council’s Manager Environmental Health has commented on the documents submitted in relation to the s.82A Review and legal advice has been sought in relation to contamination. 

 

This s.82A Application has been submitted to address the reasons for refusal. The s.82A Application does not make any amendments to the design of the retail building and associated car parking facilities which were assessed under the DA as being generally satisfactory. The Applicant has submitted the following documents with the s.82A Review:-

 

·           a covering letter dated 14 January 2013 is shown attached at AT3;

·           a supplementary contamination report; and

·           a Site Audit Report and a Site Audit Statement, both dated January 2013.

 

Council has sought legal advice regarding contamination of the service station site as a whole which confirms that provided a Remediation Action Plan is submitted, Council would be able to issue a deferred commencement consent for D139/11. As such this would also enable Council to determine this DA (D181/11) for the proposed retail building. However, as this report will explain, the proposed subdivision of the site’s existing 2 lots into 2 other lots would need to be registered before either DA could be approved. Consequently both DAs would need to be subject to a deferred commencement consent.

 

The IHAP are requested to review the original assessment report and determination and  determine this s.82A Review. As Council is now satisfied that both reasons for refusal of the original development application have been addressed as part of additional information provided, this report recommends that the development application be approved subject to a deferred commencement consent (Option 1).

 

However, if the IHAP determine that the s.82A application should not be supported, the previous reasons for refusal remain unresolved (Option 2). In summary the two options that are included in the Recommendation to this report are therefore as follows:-

 

·          Option 1: that the review of the reasons for refusal of the development application be supported and the development application be the subject of a deferred commencement consent, and once the matters that are the subject of the deferred commencement are satisfied, a development consent be issued subject to the draft conditions included under this option in the Recommendation to this report; or,  

 

·          Option 2: that Council’s previous decision is reaffirmed, and the review of determination of the development application be refused for the reasons included under this option in the Recommendation to this report.

 

SITE

 

The site and locality circumstances were described in the assessment report shown attached at AT1, and neither has changed since that time. The Site Location Plan and Neighbour Notification Plans are shown attached at AT4 and AT5 respectively. The s.82A Review has been notified to the same property owners as were notified for the Development Application.

 

PROPOSAL

 

The assessment report shown attached at AT1 confirms the details of D181/11 for a single storey retail building and associated car parking on the proposed northern part of the site (i.e. proposed Lot 2). All of these details remain relevant as the proposed development has not changed. 

 

PREVIOUS APPROVALS/HISTORY

 

There have been a number of applications for works on the site since the 1960s, and these were summarised under this assessment report shown attached at AT1. There are no issues arising from those applications that affect the works proposed under this DA.  

 

PROPOSAL DATA/POLICY COMPLIANCE: the LANE COVE LEP 2009 and the DCP 2009

 

LEP 2009

 

The proposal was assessed against the LEP 2009 in the report shown attached at AT1. As the proposal remains unchanged, and as there have been no changes to the LEP that are relevant to the site since that time, the original assessment remains unchanged, and the proposal does not raise any issues in relation to the LEP.

 

DCP 2009

 

Likewise, the assessment of the proposal against the DCP 2009 was also addressed in the same report shown attached at AT1. As both the proposal, and those aspects of the DCP that relate to the site, remain unchanged since that time, the original assessment remains unchanged.

 

REFERRALS

 

Council’s Solicitors

 

Council sought legal advice in assessing the DA and in relation to the s.82A Review. A summary of the advice concerning the DA was provided in the same section of the assessment report shown attached at AT1, and a brief summary of that advice follows:-

 

(i)         Development Application Advice 

 

Council sought legal advice about how to address the likely contamination of the site as a whole, and its potential remediation having regard to the proposed boundary adjustment. Council’s solicitors advised that as a fundamental consideration Council should address the contamination of the site, and if necessary, determine what would be required for it to be remediated in order to ensure that if it was sold on, a third party would be aware of the level of contamination and any remediation obligations.

 

(ii)        S.82A Review

 

Council’s solicitors have advised that as the Site Audit report submitted has been prepared in accordance with the requirements of the relevant State Policy (i.e. State Environmental Planning Policy 55 - Remediation of Land), Council can issue a development consent subject to conditions.    

 

Manager Environmental Health (MEH)

 

Advice was sought from Council’s MEH in the assessment of the DA and in relation to the s.82A Review. A summary of the advice concerning the former is provided in the same section of the assessment report shown attached at AT1, and a brief summary of that advice follows.

     

(i)         Development Application Advice 

 

Council’s MEH confirmed that an acoustic report; the proposed fit - out of the proposed building; and an inspection relating to food premises prior to its occupation, could all be addressed by way of draft conditions on any subsequent use application.

 

In relation to D139/11, Council’s Environmental Health Officer required a contamination report because the proposed boundary adjustment would result in a vacant northern lot (i.e. proposed Lot 2, and on which this retail building is proposed) that could be sold off for some other use. Council requested this information in November 2011.

 

Council’s MEH reviewed the Applicant’s response and confirmed, inter alia, that:-

 

·          the Applicant’s approach to the contamination issue was not in keeping with standard practice, and without a preliminary contamination report, was difficult to accept; and

·          that since the potential for off – site migration of contamination (hydrocarbons) was high, the preferred approach was to address the contamination issue of the proposed northern lot (Lot 2) before any formal approval could be granted.

 

Council again requested this information in April 2012. Subsequently, at an on – site meeting held on 1 May 2012 between Council’s MEH and a contamination consultant, Council’s requirements for a contamination report and Site Audit Statement were discussed.  Although a revised contamination report was submitted in June 2012, Council’s MEH commented that:-

 

·            the report confirms that whilst both proposed lots are contaminated, the proposed northern lot (Lot 2) would be suitable for commercial/industrial use without the need to be remediated;

·            testing had not been undertaken strictly in accordance with the EPA’s Guidelines, and that the report relies on previous reports and would need to be assessed by a Site Auditor; and

·            Council may, subject to legal advice, be able to issue a deferred commencement consent subject to the submission of a Site Audit Statement.

 

Council’s MEH subsequently confirmed that as the Applicant had not satisfied Council’s requirements,  by not providing a Site Audit Statement regarding the contamination report, Council could not make an informed decision on the proposal and, therefore, and based on legal advice, it would be inappropriate for Council to issue a deferred commencement consent.

 

 

 

 

(ii)        S.82A Review

 

Council has confirmed that based on the submission of detailed contamination reports, that the northern part of the site (Lot 2) is suitable for the proposed retail use. 

Other Referrals

 

In relation to all of the other Council staff, as well as the Roads and Maritime Services (the RMS), that provided comments on the DA, those comments remain unchanged and are included under this same sub-heading in the assessment report shown attached at AT1.

 

ASSESSMENT

 

Environmental Planning and Assessment Act, 1979: section 79C Matters for consideration

 

SECTION 79C(1)(a)(i) ANY ENVIRONMENTAL PLANNING INSTRUMENT

 

1.   Lane Cove Local Environmental Plan 2009 (the LEP)

 

(i)   Zone

 

As the zoning of the subject site remains B1 Neighbourhood Centre under the LEP, all of the comments in the original assessment report shown attached at AT1 remain unchanged.

 

(ii)   Uses

 

All of the comments in the original assessment report shown attached at AT1 remain unchanged.

 

(iii)  Lane Cove Council’s Section 94 Contribution Plan

 

This aspect of the proposal was addressed in the report shown attached at AT1, and a draft condition is required for the proposed floor space of the retail building.

  

2.    STATE ENVIRONMENTAL PLANNING POLICIES (SEPPs)

 

(i)         SEPP 55: Remediation of Land

 

Development Application (DA)

 

This Policy was a fundamental issue in the assessment of the DA, and was addressed under this same heading in the report shown attached at AT1. The initial comments made in that report remain unchanged.

 

In summary, whilst the Applicant requested that matters under this Policy be dealt with at a later date, Council required issues relating to this Policy to be addressed as part of the assessment of the DA, and as such requested a contamination report on a number of occasions.

 

However, as neither a satisfactory contamination report pursuant to the provisions of SEPP 55 and the Environment Protection Authority’s Guidelines, or a Site Audit Statement by a NSW Accredited Site Auditor, were submitted, Council could not be satisfied that given that the site was contaminated, whether it would be suitable (with or without the need for it to be remediated) for other uses. Consequently Council recommended that the site’s contamination, and subsequent remediation, must be addressed prior to any formal approval being granted, and this opinion was endorsed by Council’s solicitors. Subsequently, Council recommended that the DA be refused as it lacked a contamination report prepared in accordance with SEPP 55 (reason one), and a Site Audit Statement (reason two).

 

Applicant’s S.82A Response

 

In relation to SEPP 55, the Applicant has submitted a supplementary contamination report.

In relation to the other reason for refusal, between September and October 2012 the Applicant and Council’s MEH discussed how to address the required Site Audit Statement. In response, the Applicant has submitted both a contamination report and a Site Audit Statement.

 

Council’s Response

 

Council has confirmed that the supplementary contamination report is satisfactory and a proposed retail use can be approved on the northern part of the site.

 

(ii)   SEPP (Infrastructure) 2007

 

The comments relating to this Policy, and the draft conditions of the RMS, that were addressed in the original assessment report shown attached at AT1, remain unchanged. 

 

SECTION 79C(1)(a)(ii) ANY PROPOSED / DRAFT ENVIRONMENTAL PLANNING INSTRUMENT

 

Draft SEPP (Competition) 2010

 

Comments relating to this draft Policy in the assessment report shown attached at AT1 remain unchanged.

 

SECTION 79C(1)(a)(iii) ANY DEVELOPMENT CONTROL PLAN (DCP)

 

Lane Cove Council’s Development Control Plan 2009 (the DCP)

 

(i) objectives

 

As the objectives of the B1 zone under the DCP that were addressed in the assessment report shown attached at AT1 are unchanged, the original comments remain unchanged.

 

(ii) Variations

 

As the proposed development on this site, and the DCP provisions that apply to it, have not changed, the assessment of the proposal in the report shown attached as AT1 remains unchanged. In regard to the two non – compliances relating to Ceiling height and Building frontage, the former is supported, whilst a draft condition would be required to address the latter. 

 

(iii)   Other Issues

 

Likewise comments in relation to other DCP issues in the assessment report shown attached at AT1 remain unchanged, and draft conditions would be required to address front setback; the building façade and building reflectivity. 

 

SECTION 79C(1)(a)(iii) ANY MATTER PRESCRIBED BY THE REGULATIONS

 

As previously addressed in the report shown attached at AT1, a draft condition would be required to address this issue. 

 

 

 

 

 

 

SECTION 79C(1)(b) THE LIKLEY IMPACTS OF THE DEVELOPMENT

 

Physical and Natural

 

The activities of the existing service station have not changed since Council’s determination of the DA. Therefore the observations and comments as to how the overall site would be improved that are in the report shown attached at AT1 remain unchanged. 

Social and Economic

 

The comments in the assessment report shown attached at AT1 remain unchanged.

 

SECTION 79C(1)(c) THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 

 

General

 

The comments in the assessment report shown attached at AT1 remain unchanged.

 

Contamination

 

The Applicant has submitted a contamination report and a Site Audit Statement pursuant to the provisions of SEPP 55 - Remediation of Land, and Council has endorsed these documents.

 

S79C(1)(d) RESPONSE TO NOTIFICATION/SUBMISSIONS

 

Although no submissions were received in response to the notification of the original development application, 5 submissions have been received to Council’s notification of the s.82A Review.

 

Although the submissions do not comment on the documents submitted in the s.82A Review and therefore do not address the reasons for Council’s refusal of the DA but have, instead, addressed both of the developments proposed on the site as a whole (i.e. D181/11 for this site, and D139/11 for the replacement service station on the southern part of the site). Nevertheless, a summary of the concerns in the 5 submissions, and a comment on those concerns, follows.

 

Where possible only the comments relating to the proposed retail building on the subject site have been summarised and commented upon. Other comments in relation to the replacement service station proposed under D139/11 are summarised and discussed in a separate s.82A Review report.  

 

1.         Loss of Community Benefits

 

The community loses an automotive repair and car wash facility whilst there is uncertainty as to the need for, and intended use of, the retail development.

 

Day time parking is only just sustainable in roads close to the site because both adjoining commercial buildings remain unlet; the development will lead to additional parking pressures. Community requires shopping centre to be primarily for its use, yet tenants of these two buildings are unlikely to benefit the local community, and hence the local shops are burdened by supporting the wider community.

 

Changes to the local shopping precinct should be made known to the wider community, and although the local progress association has been notified by Council, historically it has not brought such matters to the attention of the local community. Where infrastructure affecting the wider community is involved, investigation and comment by the wider community ought to be mandated and the response time increased.

 

Prefer existing facilities to remain, and perhaps existing premises can be refurbished and enhanced.

 

 

Comment 

 

Some of these concerns relate to the purpose of the DA. However, comments in relation to the objectives of the zone; the loss of certain facilities and the car parking requirements for the proposed retail building, were addressed in the assessment report shown attached at AT1. The view expressed in that report was that site has a tired appearance, and with the introduction of landscaping, its overall appearance, would be improved. 

The extent of Council’s notification of each DA and both s.82A reviews was the same and included the local residents’ progress association which chose not to comment.

 

It is debateable whether either of the two developments proposed on the site as a whole involves infrastructure that would affect the wider community, particularly since the service station is proposed to be replaced and only a retail building is proposed on the northern part of the site.

 

2.         Notification

 

Were not notified previously.

 

Plans do not scale.

 

Comment

 

Although the first concern relates to Council’s notification of the DA, and not the s.82A Review, the author was notified of both DAs and both s.82A Reviews.

 

The neighbour notification plans are not to scale. The plans submitted with the DA are appropriately scaled.

 

3.         Background

 

Require background to type of use and its proposed hours; building hours; and traffic impact.

 

Comment

 

Although these concerns do not relate to Council’s notification of the s.82A Review, the type of use and its traffic impact were included in documents forming part of the DA. Only if the DA is approved would a condition of consent be required to address building/construction times, and possibly operating times depending on a separate use/tenancy application which at this stage is not known and is not required.

 

4.         Justification

 

No reason for the review.

 

Lacks a reason for the subdivision of the site.

 

Underground fuel tanks should be a restriction on types of retail uses because of the danger of fire and explosion, and contamination of food by fumes.

 

Comment

 

S.82A of the EP&A Act allows an Applicant to seek a review of a determination of a DA. In this instance the Applicant’s requests for a review of Council’s determination of both DAs is even more poignant because both were refused.

 

It is unclear what the author means in the comment that the proposal lacks a reason for subdivision. The subdivision is proposed as it is fundamental to both development proposals: although the existing site contains two lots, the common boundary between both lots is required to be amended/relocated (about 20m further north); in order to create a larger southern lot (Lot 1) for the proposed replacement service station, and a smaller northern lot (Lot 2) for the proposed retail building. At the present time, all uses and activities associated with the service station use take place over two existing lots. Once the two proposed lots are registered, each DA can be approved and the respective site/lot developed independently of the other. 

 

The Applicant has submitted documentation in response to the two reasons for Council’s refusal of the DA. Council’s Manager Environmental Health has provided advice in relation to both the DA and the documents submitted with the s.82A Review, and has recommended conditions in the event that the s.82A Review is successful and the DA is approved.

 

5.         Traffic

 

Only vehicular access to our house facing Wood Street is from Johnston Lane which is narrow and a potential source of danger; concerned with the (apparent) 24 hour trading, concerned the effect this would have on traffic levels and parking in this lane and associated noise; request that Johnston Lane is designated No Parking including during construction, and that Wood Street is for residents’ parking only  - presently trucks engaged in the electricity improvements within Penrose Street park outside our house.

 

The proposal does not include significant rear boundary fencing – this would assist in restricting noise levels, rubbish and odours from both facilities into our property.       

 

Comment

 

A Traffic Study was included as part of the DA. Neither the Roads and Maritime Services or Council’s Traffic Manager, raised concerns with the traffic generated by either proposal, or their potential impacts on Johnston Lane or Wood Street.

 

In the assessment report for this DA, and D139/11 for the replacement service station on the southern part of the site, inconsistencies were confirmed between plans and reports in relation to rear boundary fencing. As the future occupant of the proposed retail building is not known, any future DA for its intended use can address whether that use would require rear boundary fencing in order to reduce the potential adverse effects from noise it might generate on adjoining property owners.

 

S79C(1)(e) THE PUBLIC INTEREST

 

The comments in the assessment report shown attached at AT1 remain valid, and where required, draft conditions can address some of the issues raised previously.

 

In relation to the fundamental issue of contamination of the site, the Applicant has submitted documents pursuant to the provisions of SEPP 55 – Remediation of Land and the EPA’s Guidelines, in order to address the two reasons for refusal of the DA. Council has endorsed these documents. Consequently, an informed decision in relation to the proposed retail building on the northern part of the site (proposed Lot 2) can now be made. Given that matters regarding contamination have been resolved, approval of the DA would not be contrary to the public interest.

 

CONCLUSION

 

Development application 181/11 proposes a retail building and associated car parking on the northern part of the site. No submissions were received when the DA was notified. However, 5 submissions have been received to the notification of the Applicant’s S.82A Review, although most relate to the proposed retail building rather than the documents submitted in the Applicant’s s.82A Review in response to Council’s refusal of the DA.

 

Concern in these submissions in relation to the dangers of fire and explosion, and contamination of food by fumes, are matters that were discussed in Council’s assessment of the DA and can  addressed by draft conditions.

 

The proposed building complies with the standards under the LEP, and does not raise any significant issues in relation to the DCP. Draft conditions would be required to increase the setback of the proposed building from its street frontage; for the proposed building’s façade to comply; and for a separate DA to be submitted for the proposed retail building’s future use/tenancy.

 

Should the IHAP decide that the Applicant’s s.82A Review can be approved, a deferred commencement consent would be necessary to address the registration of the subdivision that would create both of the proposed 2 lots so that the lot on which the retail building is proposed (Lot 2) would legally exist.

 

On balance as the proposed retail building and associated car parking would be a reasonable development, and since issues regarding contamination have been adequately addressed, all matters in relation to s.79C considerations under the EPA Act have been satisfied. Therefore the development application is recommended for approval subject to a deferred commencement consent.

 

 

 

RECOMMENDATION

 

That the Independent Hearing and Assessment Panel (the IHAP) determine the s.82A Review application in relation to Council’s determination of Development Application 181/11 subject to one of the following two options.

 

OPTION 1

 

A.         That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the IHAP grants a deferred commencement consent to Development Application 181/11 for a retail building and associated parking on part of Lot 2 DP 518632 and known as 235 – 245 Burns Bay Road, Lane Cove West subject to the following:-

 

 

            Council is to be provided with a copy of the registered subdivision certificate confirming the creation of both lots under the boundary adjustment proposed under Development Application 139/11 and shown on a plan entitled Plan Of Proposed Subdivision Of Lots 2 & 3 DP 518632, dated 8.8.11, by Damian Joseph Maguire, Surveyor.

 

 

B.         Subject to A above being satisfied, a development consent and plans be issued, subject   to the following conditions:

 

Plans

 

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

 

·           AD001;

·           AD020;

·           AD021;

·           AD030;and

·           AD031,

·           all being Revision C, dated 8.9.2011, by  Scott Carver Pty Ltd; and

·           288542LCDA201 and 202, Revision B, dated 8.12.11, by Mott MacDonald Hughes Trueman, except as amended by the following conditions.

 

Specific

 

2.         A separate development application is to be submitted for the use of the building and any related signage.

 

3.         In order to maintain a setback from its Burns Bay Road frontage that is consistent with existing retail outlets to the north of the site, and to ensure that the area that would be setback from the site’s western boundary would not become an area that could increase the incidence of crime, the building is to be setback a minimum of 3m from its frontage to Burns Bay Road, and the setback area is to be landscaped so that it is consistent with landscaping proposed elsewhere on the site. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.         In order to reduce the visual impact of the building’s façade to Burns Bay Road and comply with cl.1.1.3 c) of the DCP 2009, the area of blank wall on the east elevation must not exceed 20% of the area of the facade. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce the potential adverse impacts that can be caused by reflectivity, the reflectivity of the building is not to exceed 20%, and this is to be confirmed on plans submitted with a Construction Certificate.

 

General

 

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

 

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

 

8.         (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.

 

9.         (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.

 

10.       (15) THE PAYMENT OF A CONTRIBUTION OF $22,768.80 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF $94.87/m2.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS BASED ON 240m2 AND THE CONTRIBUTION RATE OF $94.87/m2 OF ADDITIONAL RETAIL FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

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

 

12.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the granting of the development consent.

 

13.       (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.

 

14.       (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.

 

15.       (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.

 

16.       (38) All advertising signs/structures being the subject of a separate development application.

 

17.       (45) A “Fire Safety Schedule” specifying the fire safety measures required to be  implemented in the building premises by cl. 168 of the Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

18.       (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.

 

19.       (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.

 

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

 

21.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

22.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

23.       (62) All glazing is to comply with the requirements of AS 1288.

 

24.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

25.       (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.

 

26.       (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.

 

27.       (72) The demolition works being confined within the boundaries of the site.

 

28.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

29.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

30.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

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

 

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

 

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

 

34.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

35.       (129)  Submission of documentation detailing the destination of disposed materials in accordance with the Waste Management Plan submitted under this application. These details are required as soon as practicable after demolition is completed.

 

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

 

37.       (141) Long Service Levy Compliance with s.109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under s.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.

Roads and Maritime Services

 

38.       The existing median on Burns Bay Road (north of the site) shall be extended south past the proposed driveway to link to the existing median at the intersection of Burns Bay Road and Penrose Street.  The applicant is required to undertake community consultation for the median extension works, prior to the issue of a Construction Certificate.  

 

            The submitted design for the installation of a median shall be in accordance with Austroads Guide to Road Design in association with relevant RMS supplements (available on ww.rms.nsw.gov.au).  The certified copies of the civil design plans shall be submitted to RMS for consideration and approval prior to the release of a Construction Certificate by the Principal Certifying Authority and commencement of road works.

 

            RMS fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

 

            The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works.  Please note that the WAD will need to be executed prior to RMS’s assessment of the detailed civil design plans.

 

39.       The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1 - 2004 and AS 2890.2 - 2002 for the largest expected vehicle on site.

 

40.       The required sight lines to pedestrians or other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials.

 

41.       All vehicles shall enter and leave the site in a forward direction.

 

42.       All vehicles shall be wholly contained on site before being required to stop.

 

43.       The existing driveway shall be narrowed and the redundant section removed and replaced with kerb and gutter to match the existing.  The design and construction of the gutter crossing off Burns Bay Road shall be in accordance with the requirements of Roads and Maritime Services (RMS). Details of these requirements should be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta on 8849 2496.

 

            Detailed design plans of the proposed gutter crossing (including turn paths of the largest expected vehicle) are to be submitted to RMS for approval prior to the issue of a Construction Certificate and commencement of any road works.

 

            It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

 

44.       A Road Occupancy Licence should be obtained from RMS for any works that may impact on traffic flows on Burns Bay Road during construction activities.  In order to obtain a Road Occupancy Licence and to assess the impact of the proposed work on traffic flow and road safety along RMS road you are advised to contact RMS’s Transport Management Centre on telephone 8396 1513 or fax 8396 1530 ten working days prior to the commencement of work.

 

45.       All demolition and construction vehicles relating to the site development are to be contained wholly within the site and vehicles must enter the site before stopping.  A construction zone will not be permitted on Burns Bay Road.

46.                   A Construction Traffic Management Plan detailing construction vehicle routes, number of             trucks, hours of operation, access arrangements and traffic control should be submitted to             Council prior to the issue of a Construction Certificate.

 

47.       All works associated with the proposed development shall be at no cost to RMS.

 

Traffic

 

48.       The Applicant shall comply with all traffic and road safety requirements set out in the RMS’s  (previously the RTA) letter to Council dated 28 November 2011. (RMS  Ref: CAC 11M2342 - SYD11/00873).

 

49.       The proposed car park design shall comply with AS 2890.1 – 2004. This includes all parking spaces, aisles, disabled parking, loading areas, and access to the site and to Burns Bay Road. All other aspects of the car parking areas shall comply with AS/NZS 2890.1 - 2004 for Off-Street car parking and for loading facilities and service vehicles with AS 2890.2 – 2002. Service vehicle parking bays shall comply with AS 2890.2 – 2002.

 

50.       The applicant is to liaise with RMS in relation to the proposed extension of the median island in Burns Bay Road. The RMS requires that the applicant undertake community consultation for the proposed median extension works, prior to the determination of the application. For that purpose a plan of the proposed extension is to be provided to all interested stakeholders including Council, Emergency Services, adjoining properties, Sydney Buses and any other road users that the proposed island could potentially impact.

 

51.       All traffic control devices installed shall be in accordance with the RMS’s publication ‘Traffic Control Worksite Manual’  and are to be designed by a person licensed to do so (minimum RTA ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

 

Approval shall be obtained from Lane Cove Council and the RMS for any temporary road closures or crane use from public property.

 

52.       A Construction Management Plan must be lodged with the Council prior to the issuing of a Construction Certificate. The Construction Management Plan should address (but not necessarily be limited too) issues relating to the movement of construction vehicles to and from the site, safe access of construction vehicles, public transport and any conflict with other road users in the street, proposed Work Zones and the impact of construction traffic activities on residents and cyclists. The Construction Management Plan should also restrict the impact of heavy vehicles travelling through the surrounding local road network and the surrounding residential and business developments.

 

Any proposed Work Zones shall be clearly shown on plans and application made to Council and the RMS in accordance with approvals required for the Works Zones, crane permits and other associated works. Wherever possible, construction vehicle parking should be contained within the site. Proposed Work Zones will require the approval of the Lane Cove Traffic Committee.

 

The Construction Management Plan for the site requires a plan view of the entire site and frontage roadways indicating:

 

·    dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways;

·    turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site;

·    the location(s) of proposed Work Zones;

·    the location of any proposed crane standing areas;

·    a dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries;

·    material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected; and

·    the provision of an on-site parking area for employees, tradespersons and construction vehicles as far as possible.

 

53.                   Any construction vehicles exiting the site during demolition/construction are to have their tyres washed in order to avoid any construction material, dust, etc. coming in contact with the road pavement.  

 

Landscape

 

54.       One (1) locally endemic tree to the Lane Cove area that grows to a mature height of not less than 15m must be planted in the garden bed in the northeast corner of the allotment adjacent to Burns Bay Road. The tree must be healthy, good quality nursery stock, grown to at least 35 litre container size, being free of girdling roots and other defects. The tree shall be established PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE. If the tree dies within 5 years of establishment it must be replaced with the same species of tree planted.

 

55.       The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications

 

56.       The Applicant must ensure that there are sufficient numbers of groundcovers and low shrubs, planted at appropriate distances and depths, to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

Engineering 

 

57.       (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.

 

58.       (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. 

 

59.       (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.

 

60.       (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.

 

61.       (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.

 

62.       (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.

 

63.       (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’.

 

64.       (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.

 

65.       (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.

 

66.       (O3) On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Part O of Council’s DCP -Stormwater Management. An approved plate may be purchased from Council's Customer Service desk.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

68.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 288542LCDA201, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11.

 

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 Part O of 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.

 

69.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $1,000 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

 

70.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

 

            The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

71.       (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

 

72.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5,000 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

 

73.       (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 288542LCDA202, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering conditions to be complied with prior to Occupation Certificate

 

74.       (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Part O of Council’s DCP - Stormwater Management and AS 3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)       be signed by a registered surveyor

(b)       show the surveyor’s name and the date of signature.

 

All documentation is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

 

75.       (O2) 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 of Council’s DCP - Stormwater Management.

 

76.       (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.

 

Environmental Health

 

77.       (401) Demolition Works and Asbestos Removal/Disposal

 

The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-1991: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to s.27A of the Occupational Health and Safety Act 1983 a “Notification to Commence Demolition Work” form is to be submitted to WorkCover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the WorkCover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

78.       (402) Dust Control

 

The following measures must be taken to control the emission of dust:

 

a)    Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.

b)   Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

c)   All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system.

d)   All stockpiles of materials that are likely to generate dust must be kept damp or covered.

e)   Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

79.       (404) Erosion and Sedimentation Controls – Major Works

 

Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.

 

80.       (406) Stabilised Access Point

 

            A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  The controls shall be in accordance with the requirements with the details approved by Council/and or as directed by Council Officers.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

 

81.       (407) Site Water Management Plan

 

            A Site Water Management plan is to be submitted to Council for approval.  The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the Blue Book).

 

 

82.       (446) Noise Level Restrictions – Demolition Works

 

Noise from demolition works must comply with the following criteria:

 

a)    For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity.

b)    For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity.

 

83.       (447) Noise Monitoring

 

            Noise monitoring must be carried out by a qualified acoustical consultant if complaints are            received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work.

 

84.       (468) Offsite Disposal of Contaminated Soil

 

All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

85.       (469) Underground Storage Tanks

 

The underground storage tanks associated pipework are to be installed in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and other relevant standards. You are to contact WorkCover NSW for any requirements that they may have. The applicant is to ensure regular testing of the tanks and pipework is carried out to ensure any potential leakage is detected so as to prevent contamination of the site.

 

86.       (470) Removal of Underground Storage Tanks

 

The removal of underground storage tanks must be carried out in accordance with:

 

a)   The Australian Institute of Petroleum Code of Practice CP22 – Removal and Disposal of Underground Petroleum Storage Tanks (1994); and

b)   The requirements of the WorkCover Authority of NSW.

 

87.       (494) Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

·           New South Wales Occupational Health and Safety Act, 2000;

·           The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·           The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·           Protection Of the Environment Operations Act 1997 (NSW) and

·          Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

OPTION 2

 

Should the Independent Hearing and Assessment Panel determine that the applicant’s S.82A Review should not be supported, that it reaffirms Council’s reasons for refusal of Development Application 181/11 dated 16 July 2012 because the following matters have not been satisfactorily addressed:-

 

1.         A contamination report prepared in accordance with State Environmental Planning Policy No. 55 – Remediation of Land and the Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites; and

 

2.         A Site Audit Statement prepared by a NSW Site Auditor in relation to the contamination report prepared by Geo – Logix, dated December 2012. 

 

 

RECOMMENDATION

 

That the Independent Hearing and Assessment Panel (the IHAP) determine the s.82A Review application in relation to Council’s determination of Development Application 181/11 subject to one of the following two options.

 

OPTION 1

 

A.         That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the IHAP grants a deferred commencement consent to Development Application 181/11 for a retail building and associated parking on part of Lot 2 DP 518632 and known as 235 – 245 Burns Bay Road, Lane Cove West subject to the following:-

 

 

            Council is to be provided with a copy of the registered subdivision certificate confirming the creation of both lots under the boundary adjustment proposed under Development Application 139/11 and shown on a plan entitled Plan Of Proposed Subdivision Of Lots 2 & 3 DP 518632, dated 8.8.11, by Damian Joseph Maguire, Surveyor.

 

 

B.         Subject to A above being satisfied, a development consent and plans be issued, subject   to the following conditions:

 

Plans

 

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

 

·           AD001;

·           AD020;

·           AD021;

·           AD030;and

·           AD031,

·           all being Revision C, dated 8.9.2011, by  Scott Carver Pty Ltd; and

·           288542LCDA201 and 202, Revision B, dated 8.12.11, by Mott MacDonald Hughes Trueman, except as amended by the following conditions.

 

Specific

 

2.         A separate development application is to be submitted for the use of the building and any related signage.

 

3.         In order to maintain a setback from its Burns Bay Road frontage that is consistent with existing retail outlets to the north of the site, and to ensure that the area that would be setback from the site’s western boundary would not become an area that could increase the incidence of crime, the building is to be setback a minimum of 3m from its frontage to Burns Bay Road, and the setback area is to be landscaped so that it is consistent with landscaping proposed elsewhere on the site. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.         In order to reduce the visual impact of the building’s façade to Burns Bay Road and comply with cl.1.1.3 c) of the DCP 2009, the area of blank wall on the east elevation must not exceed 20% of the area of the facade. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce the potential adverse impacts that can be caused by reflectivity, the reflectivity of the building is not to exceed 20%, and this is to be confirmed on plans submitted with a Construction Certificate.

 

General

 

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

 

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

 

8.         (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.

 

9.         (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.

 

10.       (15) THE PAYMENT OF A CONTRIBUTION OF $22,768.80 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF $94.87/m2.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS BASED ON 240m2 AND THE CONTRIBUTION RATE OF $94.87/m2 OF ADDITIONAL RETAIL FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

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

 

12.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the granting of the development consent.

 

13.       (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.

 

14.       (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.

 

15.       (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.

 

16.       (38) All advertising signs/structures being the subject of a separate development application.

 

17.       (45) A “Fire Safety Schedule” specifying the fire safety measures required to be  implemented in the building premises by cl. 168 of the Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

18.       (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.

 

19.       (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.

 

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

 

21.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

22.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

23.       (62) All glazing is to comply with the requirements of AS 1288.

 

24.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

25.       (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.

 

26.       (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.

 

27.       (72) The demolition works being confined within the boundaries of the site.

 

28.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

29.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

30.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

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

 

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

 

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

 

34.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

35.       (129)  Submission of documentation detailing the destination of disposed materials in accordance with the Waste Management Plan submitted under this application. These details are required as soon as practicable after demolition is completed.

 

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

 

37.       (141) Long Service Levy Compliance with s.109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under s.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.

 

Roads and Maritime Services

 

38.       The existing median on Burns Bay Road (north of the site) shall be extended south past the proposed driveway to link to the existing median at the intersection of Burns Bay Road and Penrose Street.  The applicant is required to undertake community consultation for the median extension works, prior to the issue of a Construction Certificate.  

 

            The submitted design for the installation of a median shall be in accordance with Austroads Guide to Road Design in association with relevant RMS supplements (available on ww.rms.nsw.gov.au).  The certified copies of the civil design plans shall be submitted to RMS for consideration and approval prior to the release of a Construction Certificate by the Principal Certifying Authority and commencement of road works.

 

            RMS fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

 

            The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works.  Please note that the WAD will need to be executed prior to RMS’s assessment of the detailed civil design plans.

 

39.       The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1 - 2004 and AS 2890.2 - 2002 for the largest expected vehicle on site.

 

40.       The required sight lines to pedestrians or other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials.

 

41.       All vehicles shall enter and leave the site in a forward direction.

 

42.       All vehicles shall be wholly contained on site before being required to stop.

 

43.       The existing driveway shall be narrowed and the redundant section removed and replaced with kerb and gutter to match the existing.  The design and construction of the gutter crossing off Burns Bay Road shall be in accordance with the requirements of Roads and Maritime Services (RMS). Details of these requirements should be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta on 8849 2496.

 

            Detailed design plans of the proposed gutter crossing (including turn paths of the largest expected vehicle) are to be submitted to RMS for approval prior to the issue of a Construction Certificate and commencement of any road works.

 

            It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

 

44.       A Road Occupancy Licence should be obtained from RMS for any works that may impact on traffic flows on Burns Bay Road during construction activities.  In order to obtain a Road Occupancy Licence and to assess the impact of the proposed work on traffic flow and road safety along RMS road you are advised to contact RMS’s Transport Management Centre on telephone 8396 1513 or fax 8396 1530 ten working days prior to the commencement of work.

 

45.       All demolition and construction vehicles relating to the site development are to be contained wholly within the site and vehicles must enter the site before stopping.  A construction zone will not be permitted on Burns Bay Road.

 

46.                   A Construction Traffic Management Plan detailing construction vehicle routes, number of        trucks, hours of operation, access arrangements and traffic control should be submitted to     Council prior to the issue of a Construction Certificate.

 

47.       All works associated with the proposed development shall be at no cost to RMS.

 

Traffic

 

48.       The Applicant shall comply with all traffic and road safety requirements set out in the RMS’s  (previously the RTA) letter to Council dated 28 November 2011. (RMS  Ref: CAC 11M2342 - SYD11/00873).

 

49.       The proposed car park design shall comply with AS 2890.1 – 2004. This includes all parking spaces, aisles, disabled parking, loading areas, and access to the site and to Burns Bay Road. All other aspects of the car parking areas shall comply with AS/NZS 2890.1 - 2004 for Off-Street car parking and for loading facilities and service vehicles with AS 2890.2 – 2002. Service vehicle parking bays shall comply with AS 2890.2 – 2002.

 

50.       The applicant is to liaise with RMS in relation to the proposed extension of the median island in Burns Bay Road. The RMS requires that the applicant undertake community consultation for the proposed median extension works, prior to the determination of the application. For that purpose a plan of the proposed extension is to be provided to all interested stakeholders including Council, Emergency Services, adjoining properties, Sydney Buses and any other road users that the proposed island could potentially impact.

 

51.       All traffic control devices installed shall be in accordance with the RMS’s publication ‘Traffic Control Worksite Manual’  and are to be designed by a person licensed to do so (minimum RTA ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

 

Approval shall be obtained from Lane Cove Council and the RMS for any temporary road closures or crane use from public property.

 

52.       A Construction Management Plan must be lodged with the Council prior to the issuing of a Construction Certificate. The Construction Management Plan should address (but not necessarily be limited too) issues relating to the movement of construction vehicles to and from the site, safe access of construction vehicles, public transport and any conflict with other road users in the street, proposed Work Zones and the impact of construction traffic activities on residents and cyclists. The Construction Management Plan should also restrict the impact of heavy vehicles travelling through the surrounding local road network and the surrounding residential and business developments.

 

Any proposed Work Zones shall be clearly shown on plans and application made to Council and the RMS in accordance with approvals required for the Works Zones, crane permits and other associated works. Wherever possible, construction vehicle parking should be contained within the site. Proposed Work Zones will require the approval of the Lane Cove Traffic Committee.

 

The Construction Management Plan for the site requires a plan view of the entire site and frontage roadways indicating:

 

·    dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways;

·    turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site;

·    the location(s) of proposed Work Zones;

·    the location of any proposed crane standing areas;

·    a dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries;

·    material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected; and

·    the provision of an on-site parking area for employees, tradespersons and construction vehicles as far as possible.

 

53.                   Any construction vehicles exiting the site during demolition/construction are to have their tyres washed in order to avoid any construction material, dust, etc. coming in contact with the road pavement.  

 

Landscape

 

54.       One (1) locally endemic tree to the Lane Cove area that grows to a mature height of not less than 15m must be planted in the garden bed in the northeast corner of the allotment adjacent to Burns Bay Road. The tree must be healthy, good quality nursery stock, grown to at least 35 litre container size, being free of girdling roots and other defects. The tree shall be established PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE. If the tree dies within 5 years of establishment it must be replaced with the same species of tree planted.

 

55.       The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications

 

56.       The Applicant must ensure that there are sufficient numbers of groundcovers and low shrubs, planted at appropriate distances and depths, to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

Engineering 

 

57.       (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.

 

58.       (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. 

 

59.       (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.

 

60.       (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.

 

61.       (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.

 

62.       (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.

 

63.       (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’.

 

64.       (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.

 

65.       (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.

 

66.       (O3) On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Part O of Council’s DCP -Stormwater Management. An approved plate may be purchased from Council's Customer Service desk.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

68.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 288542LCDA201, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11.

 

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 Part O of 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.

 

69.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $1,000 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

 

70.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

 

            The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

71.       (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

 

72.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5,000 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

 

73.       (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 288542LCDA202, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering conditions to be complied with prior to Occupation Certificate

 

74.       (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Part O of Council’s DCP - Stormwater Management and AS 3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)       be signed by a registered surveyor

(b)       show the surveyor’s name and the date of signature.

 

All documentation is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

 

75.       (O2) 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 of Council’s DCP - Stormwater Management.

 

76.       (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.

 

Environmental Health

 

77.       (401) Demolition Works and Asbestos Removal/Disposal

 

The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-1991: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to s.27A of the Occupational Health and Safety Act 1983 a “Notification to Commence Demolition Work” form is to be submitted to WorkCover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the WorkCover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

78.       (402) Dust Control

 

The following measures must be taken to control the emission of dust:

 

a)    Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.

b)   Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

c)   All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system.

d)   All stockpiles of materials that are likely to generate dust must be kept damp or covered.

e)   Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

79.       (404) Erosion and Sedimentation Controls – Major Works

 

Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.

 

80.       (406) Stabilised Access Point

 

            A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  The controls shall be in accordance with the requirements with the details approved by Council/and or as directed by Council Officers.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

 

81.       (407) Site Water Management Plan

 

            A Site Water Management plan is to be submitted to Council for approval.  The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the Blue Book).

 

82.       (446) Noise Level Restrictions – Demolition Works

 

Noise from demolition works must comply with the following criteria:

 

a)    For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity.

b)    For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity.

 

83.       (447) Noise Monitoring

 

            Noise monitoring must be carried out by a qualified acoustical consultant if complaints are             received, or if directed by Council, and any control measures recommended by the             acoustical consultant must be implemented during the demolition work.

 

84.       (468) Offsite Disposal of Contaminated Soil

 

All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

85.       (469) Underground Storage Tanks

 

The underground storage tanks associated pipework are to be installed in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and other relevant standards. You are to contact WorkCover NSW for any requirements that they may have. The applicant is to ensure regular testing of the tanks and pipework is carried out to ensure any potential leakage is detected so as to prevent contamination of the site.

 

86.       (470) Removal of Underground Storage Tanks

 

The removal of underground storage tanks must be carried out in accordance with:

 

a)   The Australian Institute of Petroleum Code of Practice CP22 – Removal and Disposal of Underground Petroleum Storage Tanks (1994); and

b)   The requirements of the WorkCover Authority of NSW.

 

87.       (494) Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

·           New South Wales Occupational Health and Safety Act, 2000;

·           The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·           The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·           Protection Of the Environment Operations Act 1997 (NSW) and

·          Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

OPTION 2

 

Should the Independent Hearing and Assessment Panel determine that the applicant’s S.82A Review should not be supported, that it reaffirms Council’s reasons for refusal of Development Application 181/11 dated 16 July 2012 because the following matters have not been satisfactorily addressed:-

 

1.         A contamination report prepared in accordance with State Environmental Planning Policy No. 55 – Remediation of Land and the Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites; and

 

2.         A Site Audit Statement prepared by a NSW Site Auditor in relation to the contamination report prepared by Geo – Logix, dated December 2012. 

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Application Report for DA181/11 dated 6 August 2012

13 Pages

AT‑2 View

Determination letter dated 16 July 2012

2 Pages

 

AT‑3 View

Applicant's covering letter (excluding appendices) dated 14 January 2013

8 Pages

 

AT‑4 View

Site Location Plan

2 Pages

 

AT‑5 View

Neighbour Notification Plan

1 Page

 

AT‑6 View

Documents submitted by applicant on 20 March 2013

9 Pages

 

 

 


Independent Hearing and Assessment Panel Meeting 2 April 2013

235 - 245  Burns Bay Road, Lane Cove West

 

 

Subject:          235 - 245  Burns Bay Road, Lane Cove West    

Record No:    DA11/139-01 - 12625/13

Division:         Environmental Services Division

Author(s):      Andrew Thomas 

 

 

Property:                     235 – 245 Burns Bay Road, Lane Cove West

 

DA No:                                    139/11 (s.82A Review application)

 

Date Lodged:              14.1.13 (s.82A Review of the determination of the development application)

 

Cost of Work:              $3,000,000

 

Owner:                                    Caltex Australia Pty Ltd

 

Applicant:                    The Planning Group

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The demolition of all existing service station site structures; a boundary adjustment between the site’s existing 2 lots; and the construction of a replacement service station and associated signage.

ZONE

B1 Neighbourhood Centre

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes, under existing use rights provisions of the Environmental Planning and Assessment Act 1979

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 6 and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              222 – 254 and 229 – 247 Burns Bay Road; 1 Johnston Lane; 47A, 60 and 62 Penrose Street; 1 – 15 Wood Street

Ward Councillors                    West

Progress Association              Lane Cove West Residents Association Inc.

Other Interest Groups              N/A

 

REASON FOR REFERRAL

 

This s.82A Review of Council’s refusal of Development Application 139/11 is referred to the Independent Hearing and Assessment Panel for determination because the original Development Application was determined by Council under Delegated Authority.

 

 

 

EXECUTIVE SUMMARY

 

Note to the Independent and Hearing Assessment Panel (the IHAP): shown attached at AT1 to this report is Council’s assessment of the Development Application that is the subject of this s.82A Review. It is recommended that the IHAP review the attached report as it deals with all of the contentious issues regarding the Development Application.

 

Development Application 139/11 proposed the demolition of all existing site structures; a boundary adjustment between the site’s existing 2 lots; and the construction of a replacement service station and associated signage, on the existing Caltex service station site at 235 – 245 Burns Bay Road, Lane Cove West. The Development Application (DA) was refused by Council under Delegated Authority on 16 July 2012. Council’s assessment report and determination letter are shown attached at AT1 and AT2 respectively. The DA was refused because the following information had not been provided:-

 

1.   A contamination report prepared in accordance with State Environmental Planning Policy No. 55  - Remediation of Land and the Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites;

 

2.   A Site Audit Statement prepared by a NSW Site Auditor in relation to the contamination report prepared by Geo – Logix, dated June 2012; and

 

3.   A Preliminary Hazard Analysis prepared in accordance with State Environmental Planning Policy No. 33 - Hazardous and Offensive Development. Please note: the report and plans submitted by the Dangerous Goods Consultant have not been signed or stamped by an Accredited NSW WorkCover consultant.

 

As no amendments have occurred to either the LEP 2009, or the DCP 2009, that would affect the site, statements in relation to both of these two Council documents still apply.

 

The Applicant’s s.82A Review is in response to Council’s 3 reasons for refusal of the DA. The main issue in this review continues to be contamination of the service station site as a whole. The other main issue is how this potential contamination might impact on a retail building that was proposed at the same time under a separate DA (D181/11) on the northern part of the site as a result of the proposed boundary adjustment of the site’s existing 2 lots into 2 other lots. D181/11 was also refused by Council and is the subject of another s.82A Review before this Independent Hearing and Assessment Panel (IHAP).

 

Based on the reasons for refusal of the DA, Council’s Manager Environmental Health has commented on the documents submitted in relation to the s.82A Review, and legal advice has been sought in relation to contamination. 

 

This s.82A application has been submitted to address the reasons for refusal. The s.82A Review does not make any amendments to the design of the replacement service station, or the associated signage, both of which were assessed under the DA as being generally satisfactory. The Applicant has submitted the following documents with the s.82A Review:-

 

·    a covering letter dated 14 January 2013 shown attached at AT3;

·    a supplementary contamination report;

·    a Site Audit Report, and a Site Audit Statement both dated January 2013; and

·    a covering letter dated 5 September 2012 and report in relation to SEPP 33, both prepared by the Applicant’s accredited dangerous goods consultant.

 

Council has sought legal advice regarding contamination of the service station site as a whole which confirms that a deferred commencement consent may be issued conditional upon a Remediation Action Plan (RAP) being submitted. However, as this report will explain, the proposed subdivision of the site’s existing 2 lots into 2 other lots would also need to be registered before either DA could be approved. Consequently both DAs would need to be subject to a deferred commencement consent.

 

The IHAP are requested to review the original assessment report and determination and determine this s.82A Review.

 

As Council is now satisfied that all of the 3 reasons for refusal of the original development application have been addressed as part of additional information provided, this report recommends that the Development Application  be approved subject to a deferred commencement consent (Option 1).

 

However, if the IHAP determine that the s.82A application should not be supported, two of the three previous reasons for refusal remain unresolved (Option 2). In summary the two options that are included in the Recommendation to this report are therefore as follows:-

 

·    Option 1: that the review of the reasons for refusal of the Development Application be supported and the Development Application be the subject of a deferred commencement  consent, and once the matters that are the subject of the deferred commencement are satisfied, a development consent be issued subject to the draft conditions included under this option in the Recommendation to this report; or

 

·    Option 2: that Council’s previous decision is reaffirmed in relation to two of the original three reasons for refusal of the Development Application, and the review of determination of the Development Application be refused for the reasons included under this option in the Recommendation to this report.

 

SITE

 

The site and locality circumstances were described in the assessment report shown attached at AT1, and neither has changed since that time. The Site Location Plan and Neighbour Notification Plans are shown attached at AT4 and AT5 respectively. The s.82A Review has been notified to the same property owners as were notified of the Development Application, including those 6 persons who submitted an objection to the Development Application.

 

PROPOSAL

 

The assessment report shown attached at AT1 confirms the details of D139/11 for demolition and subdivision, and a replacement service station and associated signage, on the proposed southern part of the site (i.e. proposed Lot 1). All of these details remain relevant as the proposed development has not changed. 

 

PREVIOUS APPROVALS/HISTORY

 

There have been a number of applications for works on the site since the 1960s, and these were summarised in the assessment report shown attached at AT1. There are no issues arising from those applications that affect the works proposed under this DA.

 

EXISTING USE RGHTS

 

The comments in the same assessment report addressing existing use rights legislation; planning principles of the Land and Environment Court (NSW); and the LEP 2009, also remain unchanged.

 


PROPOSAL DATA/POLICY COMPLIANCE: the LANE COVE LEP 2009 and the DCP 2009

 

LEP 2009

 

The proposal was assessed against the LEP 2009 in the report shown attached at AT1. As the proposal remains unchanged, and as there have been no changes to the LEP that are relevant to the site since that time, the original assessment remains unchanged, and the proposal does not raise any issues in relation to the LEP.

 

DCP 2009

 

Likewise, the assessment of the proposal against the DCP 2009 was also addressed in the same report shown attached at AT1. As both the proposal, and those aspects of the DCP that relate to the site, remain unchanged since that time, the original assessment remains unchanged.

 

REFERRALS

 

Council’s Solicitors

 

Council sought legal advice in assessing the DA and in relation to the s.82A Review. A summary of the advice concerning the DA was provided in the same section of the assessment report shown attached at AT1, and a brief summary of that advice follows.

 

(i)         Development Application Advice 

 

In addition to requesting legal advice about how to assess the signage proposed for the replacement service station, Council also sought advice about the likely contamination of the site and its potential remediation having regard to the proposed boundary adjustment.

 

Council’s solicitors advised that as a fundamental consideration, Council should address the contamination of the site, and if necessary, determine what would be required for it to be remediated in order to ensure that if it was sold on, a third party would be aware of the level of contamination and any remediation obligations.

 

(ii)        S.82A Review

 

Council’s solicitors have advised that provided Council is satisfied that a Remediation Action Plan is prepared in accordance with the requirements of the relevant State Policy (i.e. State Environmental Planning Policy 55 - Remediation of Land), Council would be able to issue a deferred commencement consent to ensure that the requirements of the Policy were addressed so that Council would know the following:-

 

·    that the land would need to be remediated;

·    that technical advice would confirm that the site could be remediated; and

·    it could impose conditions to ensure these two matters were addressed.    

 

Manager Environmental Health (MEH)

 

Advice was sought from Council’s MEH in the assessment of the DA and in relation to the s.82A Review. A summary of the advice concerning the former is provided in the same section of the assessment report shown attached at AT1 and a brief summary of that advice follows.

      

 

 

 

(i)         Development Application Advice 

 

In addition to requesting an acoustic report, and clarification of the proposed fuel bowsers and the location of the proposed liquefied petroleum gas tanks, Council’s Environmental Health Officer also requested a contamination report because the proposed boundary adjustment would have created a vacant northern lot (i.e. proposed Lot 2), that could be sold off for a use other than the retail building that was proposed under development application D181/11. Council requested this information in November 2011.

 

Council’s MEH reviewed the Applicant’s response and confirmed, inter alia, that:-

 

·    the Applicant’s approach to the contamination issue was not in keeping with standard practice, and without a preliminary contamination report, was difficult to accept; and

·    that since the potential for off – site migration of contamination (hydrocarbons) was high, the preferred approach was to address the contamination issue of the proposed northern lot (Lot 2) before any formal approval could be granted.

 

Council again requested this information in April 2012. Subsequently, at an on-site meeting held on 1 May 2012 between Council’s MEH and a contamination consultant, Council’s requirements for a contamination report and Site Audit Statement were discussed.  Although a revised contamination report was submitted in June 2012, Council’s MEH stated that:-

 

·    the report confirms that whilst both proposed lots are contaminated, the proposed northern lot (Lot 2) would be suitable for commercial/industrial use without the need to be remediated;

·    testing had not been undertaken strictly in accordance with the EPA’s Guidelines, and that the report relies on previous reports and would need to be assessed by a Site Auditor; and

·    Council may, subject to legal advice, be able to issue a deferred commencement consent subject to the submission of a Site Audit Statement.

 

Council’s MEH subsequently confirmed that as the Applicant had not satisfied Council’s requirements, and had not provided a Site Audit Statement regarding the contamination report, Council could not make an informed decision on the proposal and, therefore, and based on legal advice, it would be inappropriate for Council to issue a deferred commencement consent.

 

In addition, whilst the Applicant’s Preliminary Hazard Analysis (PHA) in relation to the fuel tanks and bowsers confirmed that these would comply with WorkCover and NSW Planning Guidelines, Council requested a PHA that reflected the Applicant’s revised intention to remove all existing fuel tanks and locate all proposed fuel tanks underground. However, Council found the revised PHA to be unsatisfactory because it was not signed, nor were the accompanying plans stamped by an accredited consultant.

 

(ii) S.82A Review 

 

Council has confirmed that a deferred commencement consent can be granted subject to the submission of a Remediation Action Plan that is reviewed and endorsed by an accredited NSW Site Auditor.

 

Other Referrals

 

In relation to all of the other Council staff, as well as Roads and Maritime Services (the RMS), that provided comments on the DA, those comments remain unchanged and are included under this same sub – heading in the assessment report shown attached at AT1.

 

 

 

ASSESSMENT

 

Environmental Planning and Assessment Act, 1979: section 79C Matters for consideration

 

SECTION 79C(1)(a)(i) ANY ENVIRONMENTAL PLANNING INSTRUMENT

 

1.   Lane Cove Local Environmental Plan 2009 (the LEP)

 

(i)   Zone

 

As the zoning of the subject site remains B1 Neighbourhood Centre under the LEP, all of the comments in the original assessment report shown attached at AT1 remain unchanged.

 

(ii)   Uses

 

All of the comments in the original assessment report shown attached at AT1 remain unchanged.

 

(iii)  Lane Cove Council’s Section 94 Contribution Plan

 

This aspect of the proposal was addressed in the report shown attached at AT1, and a draft condition would be required for the proposed net overall increase in the floor space of the replacement service station.

  

2. STATE ENVIRONMENTAL PLANNING POLICIES (SEPPs)

 

(i)    SEPP 33: Hazardous and Offensive Development 

 

Development Application (DA)

 

In the comments addressing this Policy in the assessment report shown attached at AT1, Council’s Manager Environmental Health (MEH) found the Applicant’s revised Preliminary Hazard Analysis to be unsatisfactory, and this was confirmed in Council’s third reason for the refusal of the DA.

 

Applicant’s S.82A Response

 

The Applicant has submitted correspondence from an accredited dangerous goods consultant clarifying this reason for refusal, and providing details of the consultant’s accreditation, and confirming that the proposed site was designed so that it did not require a PHA as it was not potentially hazardous or offensive.

 

Council’s Response

 

Council has confirmed that the documents relating to SEPP 33 submitted with the Applicant’s s.82A Review are satisfactory.

 

(ii)   SEPP 55: Remediation of Land

 

Development Application (DA)

 

This Policy was a fundamental issue in the assessment of the DA, and was addressed under this same heading in the report shown attached at AT1. The initial comments made in that report remain unchanged.

 

In summary, whilst the Applicant requested that matters under this Policy be dealt with at a later date, Council required issues relating to this Policy to be addressed as part of the assessment of the DA, and as such requested a contamination report on a number of occasions.

However, as neither a satisfactory contamination report pursuant to the provisions of SEPP 55 and the Environment Protection Authority’s Guidelines, or a Site Audit Statement by a NSW Accredited Site Auditor, were submitted, Council could not be satisfied that given that the site was contaminated, whether it would be suitable (with or without the need for it to be remediated) for other uses. Consequently, Council recommended that the site’s contamination, and subsequent remediation, must be addressed prior to any formal approval being granted, and this opinion was endorsed by Council’s solicitors.

 

Subsequently, Council recommended that the DA be refused as it lacked a contamination report prepared in accordance with SEPP 55 (reason one), and a Site Audit Statement (reason two).

 

Applicant’s S.82A Response

 

In relation to SEPP 55, the Applicant has submitted a supplementary contamination report. In relation to reason two, between September and October 2012 the Applicant and Council discussed how to address the required Site Audit Statement.  In response, the Applicant has submitted both a contamination report and a Site Audit Statement.

 

Council’s Response

 

Council confirms that although the Applicant submitted a detailed site contamination report that had been reviewed by a NSW Accredited Site Auditor, the Auditor confirmed that insufficient information had been provided, and that “the nature and extent of contamination has not been appropriately determined”.

 

On 20 March 2013, the Applicant submitted documents confirming that a RAP would be prepared and that off-site assessment of potential contamination would also be undertaken prior to any further development on the site. These documents are shown attached at AT6.

 

Accordingly, Council recommends that the DA can be approved subject to a deferred commencement consent requiring a RAP to be submitted and accompanied by a Site Audit Statement confirming that it has been prepared in accordance with the provisions of SEPP 55 - Remediation of Land.   

 

(iii)  SEPP 64: Advertising and Signage

 

The comments relating to this Policy that were addressed in the original assessment report shown attached at AT1 remain unchanged. A draft condition would be required to reduce the height of a proposed pole sign from 9.6m to 8m because it does not have the concurrence of the Roads and Maritime Services (the RMS).

 

(iv)   SEPP (Infrastructure) 2007

 

The comments relating to this Policy, and the draft conditions of the RMS, that were addressed in the original assessment report shown attached at AT1, remain valid.

 


SECTION 79C(1)(a)(ii) ANY PROPOSED / DRAFT ENVIRONMENTAL PLANNING INSTRUMENT

 

Draft SEPP (Competition) 2010

 

Comments relating to this draft Policy in the assessment report shown attached at AT1 remain unchanged.

 

SECTION 79C(1)(a)(iii) ANY DEVELOPMENT CONTROL PLAN (DCP)

 

Lane Cove Council’s Development Control Plan 2009 (the DCP)

 

(i) objectives

 

Because existing use rights apply to the use of the site as a service station, neither the Objectives, or the numerical provisions, of the DCP apply. However, comments in the assessment report shown attached at AT1 relating to the proposed numerical non-compliances of the DCP remain unchanged.

 

(ii) Variation

 

As the proposed development on this site, and the DCP provisions that apply to it, have not changed, the comments in support of the proposal’s rear setback in the report shown attached at AT1 remain unchanged.

 

(iii)   Other Issues

 

Likewise comments in relation to other DCP issues in the assessment report shown attached at AT1 remain unchanged, and draft conditions would be required to address front setback; reflectivity; and signage.

 

SECTION 79C(1)(a)(iii) ANY MATTER PRESCRIBED BY THE REGULATIONS

 

As previously addressed in the report shown attached at AT1, a draft condition would be required to address this issue. 

 

SECTION 79C(1)(b) THE LIKLEY IMPACTS OF THE DEVELOPMENT

 

Physical and Natural

 

The activities of the existing service station have not changed since Council’s determination of the DA. Therefore the observations and comments as to how the overall site would be improved that are in the report shown attached at AT1 remain unchanged. 

 

Social and Economic

 

The comments in the assessment report shown attached at AT1 remain unchanged.

 

Noise and Odours

 

The comments in the assessment report shown attached at AT1 remain unchanged.

 


SECTION 79C(1)(c) THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 

 

General

 

The comments in the assessment report shown attached at AT1 remain unchanged.

 

Contamination

 

The Applicant’s dangerous goods consultant has confirmed that a Preliminary Hazard Analysis in accordance with SEPP 33 - Hazardous and Offensive Development is not required and Council has endorsed this opinion.

 

Further, the Applicant has also submitted a supplementary contamination report and a Site Audit Statement pursuant to the provisions of SEPP 55 - Remediation of Land. Council’s view is that a deferred commencement consent can be issued subject to the submission of a Remediation Action Plan. 

 

Given that some of the information required has been provided by the Applicant, Council would be able to make an informed decision and determine the DA. On this basis, the Recommendation of this report is that the proposal can be approved subject to a deferred commencement consent.

 

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

 

Six submissions were received in response to the notification of the Development Application. A summary of the issues in those submissions and a comment on each issue was provided in the assessment report shown attached at AT1.

 

Five submissions were received in response to the notification of the Applicant’s s.82A Review, of which two have been submitted by persons who objected to the original DA.

 

Although the 5 submissions do not comment on the documents submitted in the Applicant’s s.82A Review and therefore do not address Council’s reasons for refusal of the DA but have, instead, addressed both of the developments proposed on the site as a whole (i.e.D139/11 for this site, and D181/11 for the proposed retail building on the northern part of the site). Nevertheless, a summary of the concerns in the 5 submissions and a comment on those concerns, follows.

 

1.  Loss of Facility

 

The proposal would ruin a perfectly working site where car repairs can be undertaken as you travel to work by bus from in front of the site; you can also buy fuel, coffee and newspapers and have your car washed; why change this to suit passing trade; there are many 7/11 stores around as well as Coles and Woolworths; Burns Bay Road is congested; not fair on shop keepers; proposal is not needed.

 

Comment

 

In the assessment report shown attached as AT1, the site was described as having a tired appearance, and   with the proposed removal of the car wash, above ground LPG tank and various storage facilities, and the introduction of landscaping in its proposed redevelopment, its overall appearance would be improved.  The shown attached report also commented on other service stations and car wash facilities in the area. The proposed shop would sell a range of goods including those mentioned in the submission.

 

2.  Background

 

Require background to type of use and its proposed hours; building hours; and traffic impact.

 

Comment

 

Although these concerns do not relate to Council’s notification of the s.82A Review, the type of use (i.e. a replacement service station), its proposed hours and its traffic impact, were included in documents forming part of the DA. Only if the DA was approved, would a condition of consent be required to address the building/construction times for the service station.

 

3.  Building Impact

 

Plans show the office building at 47A Penrose Street as not being affected by the proposal; the impression is incorrect because this building extends 21/2 times the length being shown and therefore it would be looking directly at the proposed garage awning which would be 3m away.

 

Comment

 

As a similar issue was raised in the same author’s response to notification of the DA, the concern was addressed in the report shown attached at AT1. That assessment stated that the proposed rear setback would be reasonable having regard to the overall height of the proposed forecourt canopy (5.345m) compared to the potential impact of development permitted under the LEP 2009 that would allow a height standard of 9.5m and an FSR of 1.0:1.  

 

4.  Zone and History

 

The site’s B1 zoning permits small scale retail uses for business and community uses.

 

As the garage is prohibited in the zone, the non – complying existing use requires consent for a replacement garage although Council refused a 1995 development application for redevelopment of the site, whilst a 1996 development application for a McDonalds was withdrawn. Many residents would be against a second attempt at a McDonalds, or other fast food outlet, which can attract street night life and result in litter at a dangerous corner where parking and traffic management could be a problem.   

 

It is unclear if the proposed use would offer mechanical services; a garage selling fuel, but not providing mechanical services, could seem excessive.

 

Comment

 

Under the sub – heading Existing Use Rights, the assessment report shown attached at AT1 gave a summary of the site’s development history; existing use rights legislation; and two related planning principles of the Land and Environment Court (NSW). Whilst both the Roads and Maritime Services and Council’s Traffic Manager recommended conditions to address certain traffic-related issues, neither raised specific concerns in relation to the proposed use.  

  

Similarly, the report shown attached at AT1 also provided details of the proposal. Whilst this report confirmed that no mechanical services would be provided, comments under the sub – heading Response To Notification/Submissions, addressed the availability of other such facilities in the area. 

 

5.  Contamination/Pollution

 

Uncertain about what prevention procedures would be in place to avoid the risk of a fuel spill, and fuel leakage from an underground tank.

 

Not evident where vent pipes for the underground tanks would be located, and how venting would affect air quality, and also whether current Vapour Recovery Systems would be installed.

 

Would expect noise from air conditioning/air compressor units within the service yard proposed on the rear western boundary.

 

Proposed use would operate 24 hours and 7 days per week; this would increase noise and traffic activity thereby changing the quiet nature of the suburb after the current closing time of 10pm; currently traffic and noise are minimal once the facility has closed, which was a main reason for choosing this area.

 

Comment

 

Similar issues were raised in response to notification of the DA and were addressed under the sub -heading Response To Notification/Submissions in the report shown attached at AT1

 

6.  Traffic

 

Vehicular access to our house facing Wood Street is only from Johnston Lane which is narrow and a potential source of danger; concerned with the (apparent) 24 hour trading, concerned the effect this would have on traffic levels and parking in this lane and associated noise; request that Johnston Lane is designated No Parking (including during construction), and that Wood Street is for residents’ parking only  - presently trucks engaged in the electricity improvements within Penrose Street park outside our house.

 

The proposal does not include significant rear boundary fencing – this would assist in restricting noise levels, rubbish and odours from both facilities into our property.  

 

Comment    

 

A Traffic Study was included with both DAs. Council’s Traffic Manager did not raise concerns with the traffic generated by either proposal or their potential impacts on Johnston Lane or Wood Street.  

 

The assessment report shown attached at AT1 confirmed that whilst the landscape plans indicated a 1.5m high colorbond fence along the site’s existing rear boundary retaining wall, plans accompanying versions of the acoustic report and Preliminary Hazard Analysis (PHA) showed a 4m high wall along part of the rear boundary respectively. The assessment report also stated that these inconsistencies suggested that this aspect of the proposal was unresolved and that it reflected the Council’s opinion at the time that the PHA was unsatisfactory. Should the Applicant’s S.82A review be supported, the landscape plans are included in the list of plans recommended for approval.

 

S79C(1)(e) THE PUBLIC INTEREST

 

The initial comments in the assessment report shown attached at AT1 remain valid and where required, draft conditions can address some of the issues previously raised. Council has confirmed that a previously unresolved matter in relation to a Preliminary Hazard Analysis in relation to SEPP 33 - Hazardous and Offensive Development, and which was included as a reason for Council’s refusal of the Development Application, has been satisfactorily addressed.

 

Further, in relation to the fundamental issue of contamination of the site, and its possible remediation, the Applicant has submitted documents pursuant to the provisions of SEPP 55 - Remediation of Land and the EPA’s Guidelines, in order to address the two other reasons for refusal of the DA. Subject to the submission of a Remediation Action Plan, Council would not raise any further objection to the proposed development subject to conditions.   

 

Given that matters regarding contamination, and potential remediation, and SEPP 33 are now resolved, a deferred commencement consent would not be contrary to the public interest.

 

CONCLUSION

 

Development Application 139/11 proposes a replacement service station on the southern part of the site under existing use rights. Any development on the site as a whole raises the issue of contamination and potential remediation.

 

Six submissions were received when this DA was notified. Five submissions have been received to the notification of the Applicant’s S.82A Review, although most relate to the proposed replacement service station use rather than the documents submitted in the Applicant’s s.82A Review in response to Council’s refusal of the DA.

 

Concern in these submissions in relation to contamination of the site, and its potential remediation, as well as issues concerning dangerous goods under SEPP 33 - Hazardous and Offensive Development, are all matters that were addressed in Council’s assessment of the DA. Outstanding matters being the reasons for refusal can be addressed by the requirements of a deferred commencement consent and draft conditions.

 

As the subject site has existing use rights, the proposed building does not need to comply with the standards under the LEP, or the provisions under the DCP. However, an assessment of both the standards under the LEP, and the numerical provisions under the DCP 2009, was undertaken.

 

By contrast as signage is permissible in the zone, signage associated with the proposed service station has been assessed against the required State Policy, the LEP 2009 and the DCP 2009, and draft conditions have been included to ensure compliance.

 

Should the IHAP decide that the Applicant’s s.82A Review can be approved, a deferred commencement consent would be required to address the following matters:-

 

·    the registration of the subdivision that would create both of the proposed 2 lots; and

·    the submission of  a Remediation Action Plan for the proposed southern lot.  

 

In addition, draft conditions would be required to address those issues raised in the assessment of the development application so as to increase the setback of the proposed building from its street frontage; to control deliveries to the site and the reflectivity of the service station’s façade; to reduce the potential impacts of noise and food odours; and to address signage.

 

On balance as the proposed replacement service station and associated signage on the southern part of the site would be reasonable development, and since issues regarding SEPP 33 - Hazardous and Offensive Development; site contamination; and potential remediation either have, or can be, resolved, all matters in relation to s.79C considerations under the EP&A Act have been satisfied. Therefore the development application is recommended for approval subject to a deferred commencement consent.

 

 

 

RECOMMENDATION

 

That the Independent Hearing and Assessment Panel (the IHAP) determine the s.82A Review application in relation to Council’s determination of Development Application 139/11 subject to one of the following two options.

 

OPTION 1

 

A        That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the IHAP grants a deferred commencement consent to Development Application 139/11 for the demolition of all existing service station structures; a boundary adjustment between the site’s existing 2 lots; and the construction of a replacement service station and associated signage, on part of lots 2 and 3 DP 518632 and known as 235 – 245 Burns Bay Road, Lane Cove West subject to the following:

 

            1.         Council is to be provided with a copy of the registered subdivision certificate confirming the creation of both lots under the boundary adjustment shown on a plan entitled Plan Of Proposed Subdivision Of Lots 2 & 3 DP 518632, dated 8.8.11, by Damian Joseph Maguire, Surveyor.

 

            2.         A  Remediation Action Plan (RAP) is to be prepared in accordance with the provisions of State Environmental Planning Policy 55 – Remediation of Land and the NSW Environment Protection Authority’s (EPA) Guidelines for Consultants Reporting on Contaminated Sites, and submitted to Council for assessment  which:

 

a          is accompanied by a Site Audit Statement (SAS) from a NSW EPA Accredited Site Certifier confirming that the RAP has been prepared in accordance with the above;

 

b.          satisfies Council that the subject land will be remediated before the land is used for the purpose for which this approval is given; and

 

c.         no works are to commence until Council has provided written confirmation that the RAP has been endorsed by Council.

            

B         Subject to A above being satisfied, a development consent and plans be issued, subject to the following conditions:-

 

Plans

 

1.         (20) That the development be strictly in accordance with drawing numbers 28791 -

 

·           A099, Revision A, dated 6.4.11 as amended up to 20.4.11

·           A100, Revision D, dated 6.4.11 as amended up to 22.9.11

·           A200, Revision B, dated 20.4.11 as amended up to 23.9.11

·           A201, Revision A, dated 20.4.11

·           A202, Revision A, dated 20.4.11

·           A204, Revision B, dated 20.4.11 as amended up to 23.9.11

·           A300, Revision A, dated 20.4.11

·           A301, Revision B, dated 20.4.11 as amended up to 15.9.11

·           A302, Revision B, dated 20.4.11 as amended up to 15.9.11

·           S100, Revision C, dated 20.4.11 as amended up to 22.9.11

·           S110, Revision A, dated 20.4.11

·           S111, Revision A, dated 20.4.11

·           F150, Revision A, dated 23.9.11

·           F151, Revision A, dated 6.4.11 as amended up to 20.4.11

·           F152, Revision C, dated 9.3.12 as amended up to 8.6.12

                        by Caltex Australia Petroleum Pty Ltd; and

·           L100 – 104, Revision A, dated 3.11.11,

                        by R J Sinclair Pty Ltd; and

·           drawing numbers 288542LCDA101 and 102, Revision B, dated 8.12.11,

            by Mott MacDonald Hughes Trueman, except as amended by the following conditions.

 

 

Specific

 

2.          In order to maintain a setback from its Burns Bay Road frontage that is consistent    with existing retail outlets to the north of the site, and to increase the level of    landscaped area on the site so as to enhance its visual appearance, the convenience    store is to be setback 3m from the front boundary and the setback area is to be    landscaped so that it is consistent with the other landscaped areas of the site.    PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A    CONSTRUCTION CERTIFICATE.

 

3.         In order to reduce the potential adverse impact on nearby residents due to noise, no deliveries of fuel, or any other item, is to occur between the hours of 10.00pm and 7.00am on any day.  

 

4.         In order to avoid confusion with plans submitted with a Construction Certificate, the setback of the building from both the rear and eastern boundaries is to be consistently shown on all relevant plans, and all plans are to be correctly scaled. 

 

5.         In order to reduce the potential adverse impacts that can be caused by reflectivity, the reflectivity of the building is not to exceed 20%, and this is to be confirmed on plans submitted with a Construction Certificate. 

 

6.         In order to reduce its potential adverse impact on neighbours, and to ensure it would be consistent with the maximum height of a pole sign permitted under cl. 3.5.7 of Part N Signage and Advertising of Council’s DCP 2009, the height of the pole sign is to be reduced to a maximum of 8m.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.         In order to avoid visual clutter; reduce the potential adverse effects on nearby    residents; and comply with the provisions of Part N Signage and Advertising of    Council’s DCP 2009, the following signs are to be deleted from the convenience    store:

· one of the two wall promotional signs on the east elevation; and

· all 3 shop front promotional poster signs on the south elevation.                                                                                                                                                                                                                                                                                                                                                                                            

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A             CONSTRUCTION CERTIFICATE.

 

8.         In order to address the provisions of Part N Signage and Advertising of Council’s    DCP 2009, no part of the awning sign over the entry or on the east side of the    convenience store, is to extend above the building fascia, and no part of the Caltex    logo is to extend above the canopy fascia. PLANS ARE TO BE AMENDED TO    COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION         CERTIFICATE.

 

9.         In order to reduce the potential adverse impact from illumination on nearby residents during the day - time, the level of illumination of any sign is to be consistent with the requirements under Zone 3 of cl. 3.9.1 of Part N Signage and Advertising of Council’s DCP 2009. At night – time, i.e. between either the hours of 10pm and 6am, or 11pm and 7pm, the level of illumination of any sign is not to exceed ¼ of the day - time illumination level.

 

10.       In order to reduce its potential adverse impact on nearby residents, the awning sign    on the east side of the convenience store is not to be illuminated at night - time.

 

11.       In order to reduce the potential of fugitive odours from cooked food, only those food products that can be heated in the microwave; the heated unit; and the convection bakery oven, are to be prepared on the premises. 

 

General

 

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

 

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

 

14.       (15) THE PAYMENT OF A CONTRIBUTION OF $5,597.33 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF $94.87/m2 .  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS BASED ON 59m2 AND THE CONTRIBUTION RATE OF $94.87/m2 OF ADDITIONAL COMMERCIAL FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

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

 

16.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the granting of the development consent.

 

17.       (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.

 

18.       (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.

 

19.       (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.

 

20.       (45) A “Fire Safety Schedule” specifying the fire safety measures required to be implemented in the building premises by cl168 of the Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

21.       (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.

 

22.       (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.

 

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

 

24.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

25.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

26.       (62) All glazing is to comply with the requirements of AS 1288.

 

27.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

28.       (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.

 

29.       (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.

 

30.       (72) The demolition works being confined within the boundaries of the site.

 

31.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

32.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

33.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

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

 

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

 

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

 

37.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times along both of the site’s street frontages.

 

38.       (129)  Submission of documentation detailing the destination of disposed materials in             accordance with the Waste Management Plan submitted under this application. These             details are required as soon as practicable after demolition is completed.

 

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

 

40.       (141) Long Service Levy Compliance with s.109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under s.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.

 

Access

 

41.     The accessible car parking space is to comply with the Disability (Access to Premises- Building) Standards and associated AS 1428 and AS 2890.

 

42.     The accessible toilet is to include a sign stating that it is a unisex facility in accordance with the requirements of the Disability (Access to Premises – Building) Standards.

 

43.     The development is to comply with the relevant sections of the Disability (Access to Premises - Building) Standards.

 

Traffic  

 

44.     The proposed car park design shall comply with AS 2890.1 - 2004. This includes all parking spaces, aisles, disabled parking, loading areas, driveways, grades, turn paths, sight distance requirements and access to both the site and to Burns Bay Road.

 

          All other aspects of the car parking areas shall comply with AS 2890.1 - 2004 for Off-Street car parking, and for loading facilities and services vehicles with AS 2890.2 – 2002.

 

45.     The developer is to liaise with the Roads and Maritime Services and Sydney Buses in relation to the relocation of the existing bus shelter located at the frontage of the property.

 

46.     All required traffic control devices are to be in accordance with the Roads and Maritime Services publication ‘Traffic Control Worksite Manual’ , and are to be designed by a person licensed to do so (minimum RTA ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

 

Approval is to be obtained from Lane Cove Council and the Roads and Maritime Services for any temporary road closures or crane use from public property.

 

47.     A Construction Management Plan must be lodged with Council prior to the issue of a Construction Certificate. The Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, public transport and any conflict with other road users in the street, proposed Work Zones and impact of construction traffic activities to the residents and cyclists. The Construction Management Plan should also restrict the impact of heavy vehicles travelling through the surrounding local road network and the surrounding residential and business developments.

 

          Any proposed Work Zones shall be clearly shown on plans, and an application is to be made to Council and the Roads and Maritime Services in accordance with approvals required for the Work Zones, crane permits and other associated works. Wherever possible, construction vehicle parking is to be contained within the site. Proposed Work Zones will require the approval of the Lane Cove Traffic Committee.

 

The Construction Management Plan is to include a plan view of the entire site and roadway frontages and indicate the following:

 

i.       dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways;

ii.       turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site;

iii.      the location of proposed Work Zones in the egress frontage roadways;

iv.     location of any proposed crane standing areas;

v.      a dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries;

vi.     material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected;

vii.     the provisions of an on-site parking area for employees, tradesperson and construction vehicles as far as possible; and

            viii.    any construction vehicles exiting the site during demolition/construction are to          have their tyres washed in order to avoid any construction material, dust, etc.          coming in contact with the road pavement.  

 

Roads and Maritime Services

 

48.       The existing median on Burns Bay Road (north of the site) shall be extended south past the proposed driveway to link to the existing median at the intersection of Burns Bay Road and Penrose Street. The applicant is required to undertake community consultation for the median extension works, prior to the issue of a Construction Certificate.  

 

            The submitted design for the installation of a median shall be in accordance with Austroads Guide to Road Design in association with relevant RMS supplements (available on ww.rms.nsw.gov.au).  The certified copies of the civil design plans shall be submitted to RMS for consideration and approval prior to the release of a Construction Certificate by the Principal Certifying Authority and commencement of road works.

 

            RMS fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

 

            The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works.  Please note that the WAD will need to be executed prior to RMS’s assessment of the detailed civil design plans.

 

49.       The design and construction of the proposed new entry and exit driveways on Burns Bay

            Road shall be in accordance with AS 2890.I − 2004 and the Roads and Maritime Service’s             (RMS) requirement.

           

            Details of further requirements of the proposed driveway and kerb and gutter can be

            obtained from the RMS's Project Services Manager, Traffic Projects Section, Parramatta

            (ph: 02 8849 2496).

 

            A certified copy of the design plans shall be submitted to the RMS for consideration and

            approval prior to the release of any new construction certificate(s) for the development by

            Council or commencement of any works.

 

            The RMS fees for administration, plan checking, civil works inspections and project

            management shall be paid by the developer prior to the commencement of the works.

 

50.       All vehicles are to enter and leave the site in a forward direction.

 

51.       All vehicles are to be wholly contained on site before being required to stop.

 

52.       All demolition and construction vehicles are to be contained wholly within the site as a work zone will not be permitted on Burns Bay Road.

 

53.       Any landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath of Burns Bay Road.

 

54.       The developer shall be responsible for all public utility adjustment/relocation works necessitated by the above work and as required by the various public utility authorities.

 

55.       All works associated with the proposed development are to be at no cost to the RMS.

 

Landscaping

 

56.       (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.

           

57.       Pursuant to s.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 $10,000 (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 all existing street trees that are 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 trees. If the cost of making good any damage caused to the said trees 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 trees and organise the bond refund.

 

58.       The applicant must ensure that ‘On’ structure landscaping has adequate soil depth, volume and suitable profile to support the number of trees and shrubs indicated on the approved landscape plans.

 

59.       The two (2) Lemon scented gums must be supplied and installed in pot sizes of not less than 75 litres and positioned in accordance with the approved landscape plans. If either of the trees dies within 5 years of completion of the development they must be replaced with the same species and supplied in the same container size.

 

60.       The applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

61.       The applicant must ensure that there are sufficient number of groundcovers and low shrubs, planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

62.       A Landscape Practical Completion Report must be prepared by the consultant landscape architect and submitted to the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works including the irrigation system have been completed in accordance with the landscape working drawing.

 

Engineering

 

63.       (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.

 

64.       (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.

 

65.       (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. 

           

66.       (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.

 

67.       (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.

 

68.       (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.

 

69.       (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’.

 

70.       (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.

 

71.       (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.

 

72.       (O3) On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Part O of Council’s DCP -Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

73.       (O4) On-Site Stormwater Detention Tank: All access grates to the on - site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

75.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plans 288542LCDA101 and 102, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11.

 

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 Part O of 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.

 

76.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $1,000 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.

 

77.       (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Commercial 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.

 

78.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, parking space dimensions and any associated vehicular manoeuvring facilities, shall be submitted to the Principal Certifying Authority.

 

            The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 

 

 

79.       (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.

 

80.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5,000 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

 

81.       (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 plans 288542LCDA101 and 102, Revision B, prepared by Mott MacDonald Hughes Trueman, dated 8-12-11. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering conditions to be complied with prior to Occupation Certificate

 

82.       (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Part O of Council’s DCP - Stormwater Management, and AS - 3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)  be signed by a registered surveyor

(b)  show the surveyor’s name and the date of signature.

 

            All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

83.       (O2) 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 of Council’s DCP - Stormwater Management.

 

84.       (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.

 

Environmental Health

 

85.       All works are to be completed in accordance with the provisions of State Environmental    Planning Policy 55 – Remediation of Land and the NSW’s Environment Protection    Authority’s Guidelines for Consultants Reporting on Contaminated Sites.

 

 

86.       The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) should not give rise to an ‘intrusive or offensive noise’ as defined in The Protection of the Environment Operations Act 1997 and Regulations, and the NSW Environment Protection Authority’s Industrial Noise Policy (January 2000).

 

            In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 minute noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

87.       To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food, shall be designed and implemented in accordance with the requirements of:

 

            a) The Food Act 2003 and the Food Regulations 2004;

            b) Food Safety Standards 3.1.1, 3.2.2, and 3.2.3

            c) Sydney Water Corporation – Trade Waste Section

            d) The Protection of the Environment Operations Act 1997

            e) Australian Standard 1668 Part 1 and 2

            f) The Building Code of Australia.

 

88.                   In order to address the adverse potential of odours from fuel storage vents, all underground    storage tanks and associated infrastructure, are to be subject to an integrity test to confirm             that all operate within the relevant Australian Standard prior to the occupation of the        premises.

 

89.       In order to ensure that the premises operate with an appropriate vapour recovery system, the use is to comply with the Protection of the Environment Operations (Clean Air) Regulation 2002 and the Standards And Best Practice Guidelines For Vapour Recovery At Petrol Stations (Office Of Environment & Heritage).

 

90.       Detailed plans are to be submitted with a Construction Certificate confirming that the    premises have addressed the requirements of the Protection of the Environment Operations    (Underground Petroleum Storage Systems) Regulation 2008.

 

91.       (401) Demolition Works and Asbestos Removal/Disposal

 

The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-1991: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to s.27A of the Occupational Health and Safety Act 1983 a “Notification to Commence Demolition Work” form is to be submitted to WorkCover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the WorkCover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

92.       (402) Dust Control

 

The following measures must be taken to control the emission of dust:

 

 

a)      Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.

b)     Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

c)     All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system.

d)     All stockpiles of materials that are likely to generate dust must be kept damp or covered.

e)     Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

93.     (404) Erosion and Sedimentation Controls – Major Works

 

Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.

 

94.       (406) Stabilised Access Point

 

            A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  The controls shall be in accordance with the requirements with the details approved by Council/and or as directed by Council Officers.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

 

95.       (407) Site Water Management Plan

 

            A Site Water Management plan is to be submitted to Council for approval.  The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the Blue Book).

 

96.       (446) Noise Level Restrictions – Demolition Works

 

Noise from demolition works must comply with the following criteria:

 

a)   For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity.

b)   For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity.

 

97.       (447) Noise Monitoring

 

  Noise monitoring must be carried out by a qualified acoustical consultant if complaints are   received, or if directed by Council, and any control measures recommended by the   acoustical consultant must be implemented during the demolition work.

 

98.       (468) Offsite Disposal of Contaminated Soil

 

All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

99.       (469) Underground Storage Tanks

 

The underground storage tanks associated pipework are to be installed in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and other relevant standards. You are to contact WorkCover NSW for any requirements that they may have. The applicant is to ensure regular testing of the tanks and pipework is carried out to ensure any potential leakage is detected so as to prevent contamination of the site.

 

100.     (470) Removal of Underground Storage Tanks

 

The removal of underground storage tanks must be carried out in accordance with:

 

a)   The Australian Institute of Petroleum Code of Practice CP22 – Removal and Disposal of Underground Petroleum Storage Tanks (1994); and

b)   The requirements of the WorkCover Authority of NSW.

 

101.     (471) Drainage of Covered Forecourt Area

 

The covered forecourt area of the service station must be graded to grated drains or collection sumps located within the covered forecourt area and drained to a wastewater treatment and disposal system approved by Sydney Water Corporation.

 

102.     (472) Stormwater to be directed away from covered forecourt area

 

            All uncontaminated stormwater from the canopy, other roofed areas and uncovered forecourt area must be directed away from covered forecourt area and discharged to Council’s stormwater drainage system.

 

103.     (473) Underground fuel storage tanks

 

The underground fuel storage tanks and pipelines must be double walled and incorporate an automatic leak detection system.

 

104.     (474) Tank filling points

 

The tank filling points must incorporate a collection device to collect any spilled fuel.

 

105.     (494) Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

·        New South Wales Occupational Health and Safety Act, 2000;

·        The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·        The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·        Protection Of the Environment Operations Act 1997 (NSW) and

·        Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

106.     A final site inspection relating to the works carried out on the premises shall be arranged by the Applicant, and shall be undertaken by Council before the issue of an Occupation Certificate.

 

OPTION 2

 

Should the Independent Hearing and Assessment Panel determine that the applicant’s  S.82A Review should not be supported, that it reaffirms Council’s first and second reasons for refusal of Development Application 139/11 dated 16 July 2012 because the following matters have not been satisfactorily addressed:-

 

1.         A contamination report prepared in accordance with State Environmental Planning Policy No. 55  - Remediation of Land and the Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites; and

 

2.         A Site Audit Statement prepared by a NSW Site Auditor in relation to the contamination             report prepared by Geo – Logix, dated December 2012.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Application Report for DA139/11 dated 2 July 2012

26 Pages

AT‑2 View

Determination letter dated 16 July 2012

2 Pages

 

AT‑3 View

Applicant's covering letter (excluding appendices) dated 14 January 2013

9 Pages

 

AT‑4 View

Site Location Plan

2 Pages

 

AT‑5 View

Neighbour Notification Plan

2 Pages

 

AT‑6 View

Documents submitted by applicant on 20 March 2013

9 Pages