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Minutes

Independent Hearing and Assessment Panel Meeting

3 September 2013, 5:00pm


Independent Hearing and Assessment Panel 3 September 2013

Minutes

 

PRESENT:  Mr Trevor Bly, Chair, Ms Kara Krason, Planning Expert, Ms Jane Blackmore, Community Representative

 

ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Mr Stan Raymont, Town Planner and Rebecka Groth, Senior 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

 

6 Gay Street, Lane Cove North

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent to Development Application DA 12/156 for the alteration and addition to the existing building for the extension of an existing child care centre and increase in  the number of children from 23 to 40 on Lot 3, DP 391077 and known as 6 Gay Street, Lane Cove North subject to the following conditions:-

 

General Conditions

 

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

 

-           Site & Ground Plan, A01, Rev C1, dated 30.5.2013;

-           Garage & First Floor Plan, A02, Rev C1, dated 30.5.2013;

-           Elevations, A03, Rev C1, dated 30.5.2013;

-           Sections AA & BB, A04, Rev C1, dated 30.5.2013;

-           Boundary Fence Elevation, A12;

 

2.         Prior to the issue of the construction certificate, the plans shall be amended and submitted to the PCA demonstrating a secondary entrance into the child care centre to enable access into the site immediately from Roslyn Street.

 

3.         Prior to the issue of the construction certificate, the plans shall be amended and submitted to the PCA demonstrating a pedestrian door to the garage in accordance with the BCA.

 

4.         Prior to the operation of the proposal, the applicant shall obtain the appropriate license from the New South Wales Department of Community Services.

 

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

 

 

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

 

7.         The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

The consent authority or a private accredited certifier must:-

 

·                     Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

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

 

Traffic and Parking conditions

 

9.       The on-street pick-up/drop-off facility on Roslyn Street approved by Council’s Traffic Committee on 22 January 2013 must be implemented at the cost of the applicant prior to the operation of the increase in children numbers.   The on-street pick-up/drop-off facility shall be constructed to the satisfaction of Council officers.

 

10.     The Centre shall provide a contact phone number of the Manager of the Centre to those persons who reside in Gay Street, Roslyn Street and Kariola Street for the purposes of complaints regarding traffic related matters.

 

11.     Upon enrolment in the childcare centre, details of vehicles (make, model, colour, rego no.) of parents/guardians shall be recorded by the Centre in a log that is updated annually. Any complaints received by Council or the Child Care Centre shall be traced back to individuals and appropriate advice and/or sanctions arranged.

 

12.     Complaints made to the Centre or to Council regarding traffic or parking issues shall be recorded by the Centre.

 

13.     On enrolment the Centre shall provide information to all parents/guardians regarding responsible parking behavior when dropping off or picking up children. This information is also to be displayed on a noticeboard or similar prominent location in the childcare centre and can be obtained from Council’s Road Safety Officer.

 

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

 

15.     Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia and Access Report prepared by Mark Relph, Accessibility Solutions and dated 13 September 2012.

 

16.     7 on-site carparking spaces must be provided for the use at all times.

 

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

 

 

18.       The four (4) on-street car spaces nominated on Roslyn Street for pick up and drop off shall be line marked prior to the operation of the expanded childcare centre. Line marking to driveways adjacent to the childcare centre to be line marked to ensure parking efficiency. The line marking shall be undertaken by Council officers and all costs are to be borne by the applicant.

General Conditions

 

19.     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.

 

20.     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.

 

21.     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.

 

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

 

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

 

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

 

25.       Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         retaining walls;

b)         footings;

c)         reinforced concrete work;

d)         structural steelwork;

e)         upper level floor framing.

 

26.       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.

 

27.       The use of mechanical rock pick machines.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

35.       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.

 

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

 

Monday to Friday:                                           7.00am to 6.00pm.

Saturday, Sunday and public holidays:          Closed.

 

 

37.       Lane Cove Council charges a fee of $36 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

38.       Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

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

 

41.       The proposed development must comply with the recommendations of the Childcare Centre – Noise Assessment dated March 2012, prepared by Noise and Sound Services. Prior to the issue of the occupation certificate, the PCA shall certify that all recommendations of the Noise Assessment have been satisfied.

 

General Engineering Conditions

 

42.       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.

 

43.       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. 

 

44.       Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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’.

 

49.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

Engineering Conditions to be complied with prior to Construction Certificate

 

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

 

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

 

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

 

53.       Boundary Levels: The levels of the street alignment and new footpath shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

54.       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

 

55.       Council infrastructure damage bond: The applicant shall lodge with Council a $2000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgment of this bond is required prior to the issue of the Construction Certificate.

 

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

 

Engineering Condition to be complied with prior to commencement of construction

 

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

 

Engineering Condition to be complied with prior to Occupation Certificate

58.       Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

 

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

 

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

 

Tree Protection and Landscaping Conditions

 

60.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

 

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

 

62.       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.

 

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

 

64.       A 1.8m high chain mesh fence shall be erected a radial distance of not less than 1.2m from the trunk of the Water gum street tree closest to the corner. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

65.       A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

66.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing.

 

Bond on Street & Council Trees

 

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

 

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

 

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

 

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

 

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

 

70.       PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE a landscape plan shall be submitted to and endorsed by Council’s officers.  

 

71.       All security cameras existing and proposed within the site shall comply with all relevant requirements and standards. 

 

 

 

 

28 George Street, Greenwich (S96 Modification B)

 

DETERMINATION

 

That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants approval to amend development consent D304/07 granted on 11 August 2008 and amended on 20 March 2012 for alterations and additions to dwelling house and construction of a carport on Lot 5, DP 72088 and known as 28 George Street, Greenwich in the following manner:-

 

Amend Condition 1 as recommended in the Council report and delete conditions 2b and 2c of the recommendation of Council’s report.

 

The conditions of the consent be amended as follows:-

 

Amend conditions 1a, 2 and insert new conditions 2a and 2b, as follows:-

 

1.         (20) That the development be strictly in accordance with drawing numbers DA01 to DA06, Issue B dated Feb. 08 by Vienna Designs as amended by AC0380-S96-02A, S96-Areas A, dated Oct. 11, AC0380-S96-00B, S96-01B, S96-03B, S96-04B, S96-05B, S96-06B, S96-07A, S96-08A, S96-09A, S96-10A dated Jan. 12 by Vienna Design Pty Ltd, further amended by AC0380-S96-00-A, S96-01-A, S96-02-A, S96-03-A, S96-04-A, S96-05-A, S96-06-A dated July 13 by Vienna Design Pty Ltd and except as amended by the following conditions.

 

1a        The provision of a 1.5m wide by 1.8m high horizontal louvre privacy screen matching the construction of the screen on the western elevation extending out in a southerly direction from the wall of the dwelling house on the eastern side of the first floor rear balcony.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

2.         The first floor balcony towards the rear of the dwelling house is to be a depth of 3.0m.

 

2a        The approved privacy screen 1.6m high by 3m long on the eastern side of the approved ground floor deck being extended out a further metre to 4m in length.

                        PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

2b          The ground floor deck and first floor balcony shall be a minimum of 1.5 metres from the eastern side boundary.

 

 

 

 

The meeting closed at 8.30pm

 

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