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Minutes

Independent Hearing and Assessment Panel Meeting

2 April 2013, 5:00pm

 


Independent Hearing and Assessment Panel 2 April 2013

Minutes

 

 

PRESENT:   The Hon David Lloyd, Chair; Mr Trevor Bly, Planning Expert; Mr Steve Fermio, Environmental Expert; Ms Jane Blackmore, Community Representative

 

ALSO PRESENT:  Mr Michael Mason, Executive Manager; Mr Rajiv Shankar, Manager, Development Assessment;  Mr David Wilson, Manager, Environmental Services; Mr Andrew Thomas, Town Planner

 

DECLARATIONS OF INTEREST:  Nil

 

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being webcast.

 

Independent Hearing and Assessment Panel Reports

 

235 - 245 Burns Bay Road, Lane Cove West  

 

DETERMINATION

 

That the Independent Hearing and Assessment Panel (the IHAP) has determined the s.82A Review application in relation to Council’s determination of Development Application 181/11 in accordance with Option 1 of the Report.

 

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 condition:

 

            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).

 

 

 

 

 

 

235 - 245  Burns Bay Road, Lane Cove West

 

DETERMINATION

 

That the Independent Hearing and Assessment Panel (the IHAP) has determined the s.82A Review application in relation to Council’s determination of Development Application 139/11 in accordance with Option 1 of the Report amended as follows:

 

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   and which 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         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 CONSTRUCTIONCERTIFICATE.

 

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 remediation works are to be completed  in accordance with the Remediation Action Plan and 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 and a Site Audit Statement has been furnished to Council certifying that the Remediation Action Plan has been implemented before any further works may be commenced.

 

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.

 

 

 

 

 

 

 

CLOSE

 

The meeting closed at  5.45pm.

 

 

CHAIRPERSON

 

 

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