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Minutes

Independent Hearing and Assessment Panel Meeting

3 December 2013, 5:00pm


Independent Hearing and Assessment Panel 3 December 2013

Minutes

 

 

 

PRESENT: Hon David Lloyd, Chair, Mr David Johnson, Environmental Expert, Mr Kevin Hoffman, Planning Expert and Maria Linders, Community Representative

 

ALSO PRESENT:  Michael Mason, Executive Manager, Environmental Services, Ms May Li, Acting Manager, Development Assessment, Ms Rebecka Groth, Senior Town Planner and Mr Stan Raymont, 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

 

1 Edwin Street, Greenwich

 

DETERMINATION – (Unanimously)

 

Part A

 

The Lane Cove Independent Hearing and Assessment Panel refuses development consent to that part of the Development Application D137/13 comprising the proposed double garage with the trafficable roof over, the proposed front stairs and gate, the proposed front terrace extensions at ground and upper floor level on Lot 16, DP16669 and known as 1 Edwin Street, Greenwich for the following reasons:-

 

1.         By adding a double garage at the front of the site, the existing garage area now proposed to be used as a workshop and storage area becomes gross floor area and the floor space ratio has been calculated as being 0.7:1, which is well in excess of the 0.5:1 maximum specified in the LEP.

 

Note:  The lowest floor level does not fall within the definition of a basement in the LEP.

 

2.         Garages are not permissible in front of the building line unless on sloping sites.  Garages may be permitted if at least two thirds of the garage is below existing ground level and does not have a trafficable roof.  This is not the present case.

 

3.         The proposed front stairs and gate are considered to intrude on Council’s building line of 7.5m and adversely impact on the amenity of the adjoining dwelling houses and the streetscape.

 

4.         The front terrace extensions at ground and first floor levels on the western side of the existing dwelling house would reduce the existing building line to 6.1m (same as on eastern side of dwelling house) but does not comply with the general building line in this section of Edwin Street of 7.5m.

 

            Note:   The width of the ground floor and upper floor front terraces incorrectly scale 3.55m whereas an on-site measurement was 2.87m.

 

 

 

 

Part B

 

The Lane Cove Independent Hearing and Assessment Panel grants development consent to the remainder of Development Application D137/13 on Lot 16, DP16669 and known as 1 Edwin Street subject to the following conditions:-

 

1.         (20) That the approved development be strictly in accordance with drawing number DA-01, DA-02, DA-03, DA-04, DA-05, DA-06 and DA-07 dated 20/8/13 by Tom Crebar & Associates.

 

2.         The proposed tiled roof extension at upper floor level on the eastern side not protruding past the edge of the upper floor terrace.  Plans being altered to comply prior to the     issue of a construction Certificate.

 

3.         The provision of a privacy screen on the eastern side of the rear upper floor terrace extension matching the existing privacy screen on the eastern side of the existing rear upper floor terrace and the provision of a 1.8m high privacy screen on the western side of the rear upper floor terrace extension.  Plans being altered to comply prior to the issue of a Construction Certificate.

 

4.         The additional window shown on the upper floor eastern elevation being deleted from the plans prior to the issue of a Construction Certificate.

 

5.         As the premises are partly on bushfire prone land the recommendation in the report from Tom Crebar & Associates be adopted that a BAL – 12.5 construction level as set out in AS3959 be provided.

 

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.         (137)  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.

 

9.         (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.

 

10.       (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 $20,000.

 

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

 

12.       (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.

 

13.       (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.

 

14.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

15.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

16.       (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.

 

17.       (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.

 

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

 

19.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the relevant Australian Standard.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL

 

            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

            The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

20.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

21.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Pool reinforcement prior to placement of concrete.

f)          The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

g)         Completion.

 

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

 

a)         Footings.

b)         Reinforced concrete work.

c)         Structural steelwork.

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

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

(b)        Smoke alarms complying with AS 3786.

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        any storey containing bedrooms—

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

(b)        any other storey not containing bedrooms.

 

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

 

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

 

26.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by 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.

 

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

 

Tree Protection Conditions

 

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

 

29.       (302)  The applicant must obtain written authority prior to pruning or removal of any trees    greater than 4 metres in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter. Trees shown on the approved Plans for removal are exempt from this condition.

 

30.       (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.

           

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

 

32.       (new) If the Magnolia tree is removed one (1) replacement tree must be planted in the front yard of the property. 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 and have a height at maturity of at least 6m. The replacement tree shall be established PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE. Residents are strongly encouraged to use local native          plant species in their gardens.  A species list of local native plants suitable for gardens is available from Council.

 

33.       (new) 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.

 

General Engineering Conditions

 

34.       (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.

 

35.       (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. 

 

36.       (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 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.

 

37.       (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.

 

38.       (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.

 

39.       (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.

 

40.       (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’.

 

41.       (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.

 

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

 

Engineering Conditions to be complied with prior to Construction Certificate

 

43.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Part O, Lane Cove Council’s DCP-Stormwater Management.

 

44.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the     development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is     required prior to the issue of the Construction Certificate.

 

Engineering Condition to be complied with prior to commencement of construction

 

45.       (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 erosion and sediment control plan prepared by Tom Crebar & Associates numbered DA07 and dated 20-08-13. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

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

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

 

47.      The existing rear external stairway is to be removed.

 

 

 

 

 

48 Phoenix Street, Lane Cove

 

DETERMINATION – (Unanimously)

 

The Lane Independent Hearing and Assessment Panel grants development consent to Development Application DA13/146 for alterations and additions to a child care centre at No.48 Phoenix Street, Lane Cove, subject to the following conditions:-

 

1.         That the development be strictly in accordance with the following drawings by Dillon and Savage Architects:-

 

            DA01 Rev B, dated 13/9/2013;

            DA02 Rev D, dated 13/9/2013; and

            DA03 Rev C, dated 13/9/2013.

           

            except as amended by the following conditions.

 

2.         The proposed accessible toilet shall comply with AS1428.1-2009.

 

3.         Prior to the issue of the construction certificate, the certifying authority shall confirm that the plans comply with AS 1428 series or provide alternative solution for the ramps.

 

4.         Prior to the issue of the construction certificate, the certifying authority shall confirm that the plans include tactile indicators which comply with AS1428.

 

5.         All new windows shall be screened to avoid mosquito bite infections. All new drains and gutters shall be cleared and/or covered to minimise mosquito breeding.

 

6.         All new flooring shall be of a non-slip surface and easy to clean.

 

7.         All new roofs shall match the colour and texture of the existing roof and be of low reflexivity.

 

8.         The applicant shall obtain the appropriate license/s from the NSW Department of Family and Community Services.

 

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

 

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

 

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.

 

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

 

13.       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                                                   8.00am to 12noon

 

No work to be carried out on Sundays or any public holidays.

           

14.       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.       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.       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.

 

17.       Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

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

 

21.       Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

22.       The provision of hose reels and portable fire extinguishers in accordance with the provision of Part E1 of the Building Code of Australia.

 

Hydraulic engineers details of the hose reel installation, certified as complying with these requirements, are to be submitted PRIOR TO CONSTRUCTION COMMENCING.

 

23.       The provision of hydrants, hose reels and portable fire extinguishers in accordance with the provisions of Part E1 of the Building Code of Australia.

 

24.       The Early Fire Hazard Indices of materials and assemblies must comply with the provision of Specification C1.10 of the Building Code of Australia.

 

25.       Illuminated exit and direction signs complying with the requirements of Part E4 of the Building Code of Australia are to be provided.

 

26.       A system of emergency lighting complying with the requirements of Part E4 and the Building Code of Australia is to be provided to all fire isolated stairways, ramps and passageways and in all other areas specified in the Building Code of Australia.

 

27.       Lane Cove Council charges a fee 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.

 

28.       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.

 

General Engineering Conditions

 

29.       (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.

 

30.       (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. 

 

31.       (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 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.

 

32.       (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.

 

33.       (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.

 

34.       (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.

 

35.       (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’.

 

36.       (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

37.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Part O of Lane Cove Council’s DCP -Stormwater Management.

 

38.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

39.       (C1) 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

 

40.       (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved 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

 

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

 

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

 

Tree Preservation

 

42.       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.

 

43.       The applicant must obtain written authority prior to pruning or removal of any trees greater than 4 metres in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter. Trees shown on the approved Plans for removal are exempt from this condition.

 

44.       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.

 

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

 

46.       There must not be any stockpiling of building materials or other materials or storage of materials to occur within 3 metres of the canopy extension of trees within the site or street trees which do not have tree protection fencing. The driveway from Kimberley Avenue may be used as a storage area.

 

 

 

 

 

9 Mafeking Avenue, Lane Cove

 

DETERMINATION – (Unanimously)

 

THAT the Lane Cove Independent Hearing and Assessment Panel defer this development application for a further report that considers the applicant’s submission of 2 December 2013 and PowerPoint presentation provided at the public meeting.

 

 

 

 

The meeting closed at 7pm.

 

 

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