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Agenda

Independent Hearing and Assessment Panel Meeting

1 April 2014, 5:00pm
Please note a site inspection will be held at 3pm for panel members only

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Tuesday 1 April 2014 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

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

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

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

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

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

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

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

 

 


Independent Hearing and Assessment Panel 1 April 2014

TABLE OF CONTENTS

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 4 MARCH 2014

 

 

 

Independent Hearing and Assessment Panel Reports

 

2.       Lloyd Rees Drive, Lane Cove West

 

3.       9 Mafeking Avenue, Lane Cove

 

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 1 April 2014

Lloyd Rees Drive, Lane Cove West

 

 

Subject:          Lloyd Rees Drive, Lane Cove West    

Record No:    DA13/203-01 - 11823/14

Division:         Environmental Services Division

Author(s):      Kristy Wellfare 

 

 

Property:                     Blackman Park, Lloyd Rees Drive, Lane Cove West

 

DA No:                                    DA13/203

 

Date Lodged:              10 December 2013

 

Cost of Work:              $1,393,284.00

 

Owner:                                    Lane Cove Council

 

Applicant:                    Lane Cove Council 

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a new scout hall and sports amenities facilities to Blackman Park

ZONE

Part E2 – Environmental Conservation and Part RE1 – Public Recreation. The location of the proposed building is wholly within the portion of the site zoned RE1.

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is for the construction of a community facility which is permissible with consent in the RE1 zone in accordance with the LEP

IS THE PROPERTY A HERITAGE ITEM?

The property is not a listed heritage item

IS THE PROPERTY WITHIN A CONSERVATION AREA?

The property is not located within a conservation area

IS THE PROPERTY ADJACENT TO BUSHLAND?

The property is located adjacent to bushland

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

Yes, 61 days

NOTIFICATION

Neighbours                   13-49 Wood Street (odd numbers), 8-54 Wood Street (even numbers)

Ward Councillors          All

Progress Association    Lane Cove West Residents Association

Other Interest Groups  Lane Cove Bushland & Conservation Society,

 

REASON FOR REFERRAL

 

The application is referred to the Independent Hearing and Assessment Panel given that the estimated cost of works is greater than $100,000 and the property is in the ownership of Lane Cove Council.

 

EXECUTIVE SUMMARY

 

The applicant seeks consent for the construction of a new community facility building on the site to accommodate a new scout hall and sports amenity facilities and associated works.

Three (3) submissions have received in respect of the development application.

 

The concerns raised are in relation to:-

·    ongoing management of development on the site given its history of contamination;

·    disabled access; and

·    BCA compliance.

 

Additional information has been submitted and the proposal reviewed. These issues have either been addressed or are able to be dealt with as conditions of consent.

 

The development is recommended for “deferred commencement” approval subject to the submission of final design detail regarding the management of methane distribution within and immediately around the development.

 

SITE

 

The site is located within the reserve known as Blackman Park, a park that was developed in the 1980’s on land that had previously been a Council garbage tip. The site in total is approximately 18 hectares in area and is accessed via Lloyd Rees Drive. The overall site features a number of sports fields, including a synthetic field under construction, children’s play equipment at the western end, a skate park, Council’s Depot, a dilapidated scout hall to the eastern end and areas of bushland around the northern, western and southern sides. 

 

The site for the Scout Hall and Sports Amenities building is located at the eastern edge of the synthetic recreation fields under construction. The site is approximately 3000 m² in area, with a frontage of around 30m to Lloyd Rees Drive. The site is relatively level, with a slight crossfall from south to north towards Lloyd Rees Drive and from east to west from the base of adjacent bushland to the sports fields under construction. There is some existing vegetation within the proposed building site, and there is significant bushland vegetation along the eastern boundary.

 

Prior to the commencement of work associated with the construction of the synthetic sports fields, the proposed development site adjacent to the Blackman Park grassed sports fields was peripheral open space used for bulk storage, passive recreation, and featured an outdoor basketball court at its southern end in poor condition.  Site Location Plan and Neighbour Notification Plan shown attached as (AT-1 and AT-2).

 

PROPOSAL

 

The applicant seeks consent for the construction of a new building which includes the construction of a new single level pavilion style hall adjacent to the recreation fields (currently under construction) to accommodate the following facilities:-

 

Sports amenities:-

 

·    Change rooms and toilets including accessible provision;

·    Sports storage shed for sharing between teams;

·    Referee room; and

·    Covered viewing terrace.

 

Scout Hall:-

 

·    Main Scout hall;

·    Garage;

·    Venturers’ room;

·    Leaders/meeting room;

·    Kitchen and storage; and

·    Toilets including accessible provisions.

 

PREVIOUS APPROVALS/HISTORY

 

In accordance with Council’s records, the recent relevant development history of the subject is as follows:-

 

DA11/129        Demolish existing Scout hall & construct new hall. Withdrawn 20.7.2011

DA07/206        Rebuild Girl Guide hall. Approved 19.10.2007

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009 and Development Control Plan

 

The site does not have a floor space ratio or building height control under the Lane Cove Local Environmental Plan 2009, and there are no numerical controls for this type of development within the Lane Cove Development Control Plan.

 

The proposal raises no concerns in this regard.

 

REFERRALS

 

Manager Urban Design and Assets

 

The proposal was referred Council’s Development Engineer for comment.

 

Council’s Development Engineer advised that on-site stormwater detention is not required for the proposal as the site is located within Council’s OSD exclusion area. A new stormwater system with a rainwater reuse system is proposed and appropriate draft conditions have been provided. Subject to the draft conditions as recommended (draft Conditions 23-30), the proposal is considered to be acceptable in this regard.

 

Building Surveyor

 

The proposal was referred to Council’s Building Surveyor for comment. Council’s Senior Building Surveyor assessed the proposed building having regard to the deemed to satisfy provisions of the Building Code of Australia.

 

Following consultation with the applicant and the provision of additional information including boundary information, Council’s Senior Building Surveyor advised that the building is capable of BCA compliance. Subject to the draft conditions as recommended (draft Conditions 2-16), the proposal is considered to be acceptable in this regard.

 

Environmental Health

 

The proposal was referred to Council’s Manager, Environmental Health for comment.  Council’s Manager, Environmental Health noted the following:-

 

“The proposal is to be built within the boundaries of a former landfill which gives rise to a number of significant environmental issues. Construction on or near a former landfill presents a number of issues, including the immediate or long term build up of landfill gases under the structure, subsidence of the structure, utilities and services, potential human health impacts from the impacts of landfill gases within the building(s). Accordingly this proposal should be accompanied by a detailed report addressing the proposed use and the impact of the construction on the former landfill waste cells as well. The report is to be accompanied by a NSW Site Auditors Statement to confirm that the Report complies with NSW EPA Guidelines for Consultants Reporting on Contaminated Sites, and that the Site Auditor confirms that the site and the proposed development can be undertaken in the proposed location.”

 

In addition, it was noted that the fit out of the proposed kitchen would need to be undertaken in accordance with the Food Standards Code.

 

Following the submission of a Stage 1 assessment and a statement from a site auditor, the proposal was referred to Council’s Manager, Environmental Health for further assessment. Council’s Manager, Environmental Health had the following comments regarding the proposal:

 

“The EPA Site Auditor (Graeme Nyland)) has confirmed that the Phase 1 Report has been prepared correctly and that the site conditions can be managed through capping and the method of construction of the floor slab.

 

For Council’s purposes in processing this application, Council requires the following information to allow commencement of these works;

 

a.   A detailed description of the works including engineering drawings for the sub slab ventilation or sub slab methane barrier

b.   A detailed scope of works as to how the area is to be capped for the control of asbestos fragments

As this information has not been submitted to date, I propose the following in light of the Site Auditors comments;

 

That either;

 

i.    The processing of the DA be placed on hold to allow the applicant to submit the information (a) and (b) above, or

ii.    A deferred commencement be issued with conditions”

It was noted in the information provided that the gas mitigation measures proposed were an appropriate response to the site situation. Provided satisfactory details are submitted to Council, the proposal is considered to be acceptable. In order to facilitate the process, a “deferred commencement” consent would be an appropriate response to the situation as the measures, in principle, are acceptable but operational consent must not be granted until the details of the site specific design are submitted and approved by Council’s Manager, Environmental Health.

 

Subject to draft “Deferred Commencement” conditions I and II, and draft conditions provided by Council’s Manager, Environmental Health (draft Conditions 41-48) for inclusion in the recommendation of this report, the proposal is considered to be acceptable in this regard.

 

Landscape Architect

 

The proposal was referred to Council’s Landscape Architect for comment. The following advice was received in respect of the application:-

 

“Council has prepared an updated landscape Master Plan for Blackman Park and is currently carrying out a number of the proposed improvements within the park.

In particular, the upper playing field at Blackman Park is undergoing a significant upgrade from a natural turf to a synthetic facility and construction is currently underway.

As this DA proposal has been developed by the Scouts Association NSW in conjunction with Council and has a direct relationship with the new sports field facility and its interface with the parks shared user path it is in our best interest that we ensure the landscape meets what is set out in the Master Plan.

 

Councils Open Space and Urban Services Department will be directly responsible for any landscape treatment, level changes and equal access requirements around the perimeter of the proposed building and such work will be done so in accordance with Lane Cove Councils landscape policy as well as the Master Plan objectives and action plan.”

 

The matters relating to the landscaping of the surrounds of the proposed building are to be considered as part of the updated Master Plan for Blackman Park and may be considered separate to this development application. The proposal raises no further concerns in this regard.

 

Tree Assessment Officer

 

The proposal was referred to Council’s Senior Tree Assessment Officer for comment. Council’s Senior Tree Assessment Officer reviewed the Plans and supporting documentation and visited the site.

 

Council is preparing a plantation plan as part of the redevelopment of the park. This plan is being considered by Council separately to this application.

 

The removal of trees of the site may be carried out in accordance with the plans submitted, with draft tree protection conditions provided by Council’s Senior Tree Assessment Officer for the trees shown to be retained on the plans included in the recommendation of this report. Subject to the draft conditions (draft Conditions 31-40), the proposal is considered to be acceptable.

 

Assistant Manager Open Spaces (Bushland)

 

Council’s Assistant Manager Open Spaces (Bushland) was consulted in relation to the proximity to the bushland to the east of the proposed building. It is acknowledged that a 20m Asset Protection Zone (APZ) is required to address the requirements for building on bushfire prone lands.

 

Given the constraints of the site in terms of existing development that is already underway, the community benefit derived from the provision of these facilities on Council land, it is considered that the proposal would result in a new community benefit and is considered to be acceptable.

 

Traffic

 

The proposal was referred to Council’s Traffic Engineer for comment. Adequate parking exists along Lloyd Rees Drive. The existing parking would cater to the parking demand generated by the proposed development. Activities within the proposed development would not occur during any major event in the park which is likely to generate traffic.

 

Subsequent to the review of additional information provided, Council’s Traffic Engineer raised no concerns regarding the proposed development, subject to the imposition of draft conditions provided (draft Conditions 38-47). Subject to the draft conditions as recommended, the proposal is considered to be acceptable in this regard.

 

Community Services

 

The proposal was referred to Council’s Community Development Officer for comment. Initially, concerns were raised regarding the compliance of the building with the access requirements, but following the provision of further information regarding the use of the building and its BCA classification, the application was supported in its current form. 

 

Draft conditions have been provided by Council’s Community Development Officer for inclusion in the recommendation of this report. These conditions relate to compliance with the Australian Standard AS1428.2 and Access to Premises Standards. Subject to the draft conditions as recommended (draft Conditions 17-22), the proposal is considered to be acceptable in this regard. 

 

Rural Fire Service

 

The proposal was referred to the NSW Rural Fire Service for comment. The applicant has provided a bushfire assessment. No concerns were raised by the Rural Fire Service with regard to the proposed development, and recommended conditions were provided for Council’s consideration.

 

Further consultation with the Rural Fire Service was undertaken with specific regard to the proposed bonfire area, and verbal advice was received that no additional conditions would be required as the use of the bonfire would be governed by the restrictions applying to days declared as “total fire ban” with the use of the bonfire area being prohibited on these days.

 

The recommended conditions relate to the maintenance of a 20m Asset Protection Zone around the proposed development and preparation of an emergency/evacuation plan. The conditions have been included in the recommendation of this report as draft conditions of consent (draft Conditions 55-59). Subject to the draft conditions as recommended, the proposal is considered to be acceptable in this regard.

 

SECTION 79C Assessment

 

The proposal has been assessed under the heads of consideration within Section 79C of the Environmental Planning and Assessment Act 1979 as follows:-

 

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

 

The site the subject of the proposed development is zoned part E2 – Environmental Conservation and part RE1 – Public Recreation in accordance with the Lane Cove Local Environmental Plan 2009 (LEP2009). The footprint of the proposed building is located wholly within the portion of the site zoned RE1 in accordance with Council’s zoning map. The proposal seeks consent for the construction of a community facility to accommodate a scout hall and sporting amenities. A “community facility” is defined in LEP2009 as follows:-

 

community facility means a building or place:

(a)  owned or controlled by a public authority or non-profit community organisation, and

(b)  used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

 

The proposed building and its intended use are considered to meet the definition of a “community facility” in accordance with LEP2009 and the proposal is therefore permissible with consent in accordance with the Land Use Table within LEP2009.

 

The proposal has been considered having regard to the objectives of the RE1 – Public Recreation Zone. The proposal is considered to accord with the objectives of the RE1 – Public Recreation Zone in that:-

 

·    the proposal would enable the land to be used for recreational purposes;

·    the proposal would contribute to the provision of a range of recreational settings and activities and compatible land uses;

·    the location of the proposed building on a portion of the site that has been previously managed and built upon serves to protect and enhance the remaining natural environment with Blackman Park for recreational purposes; and

·    the proposal would not unduly impact upon the provision for rights of public access to more foreshore land and does not unduly affect the link between the foreshore land and existing open space areas on the site.

 

Riparian Lands

 

Part of the site is affected by Riparian Lands Buffer Zone as defined by Clause 6.3 of LEP2009 and the accompanying Riparian Lands Map. In accordance with this Clause, development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the impact of the proposed development on the land and any opportunities for rehabilitation of aquatic and riparian vegetation and habitat on that land.

 

The footprint of the proposed scout hall and the associated works are not located within the portion of the site affected by the buffer zone. Notwithstanding this, it is not considered that the proposal would give rise to any requirement for the rehabilitation of any aquatic and riparian vegetation, and the proposal is considered to be acceptable in this regard.

 

Acid Sulfate Soils

 

Blackman Park is identified in the LEP2009 Acid Sulfate Soils Map and having areas of Class 2 and Class 5 acid sulfate soils. The location of the proposed works in within the portion of the site noted as Class 5 in accordance with the Acid Sulfate Soils Map and are within 500m of land. However, the proposal is not located on land that is below 5 metres Australian Height Datum and the works are not works by which the water table is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. As such, no additional consideration is required in accordance with Clause 6.1(2) of LEP2009.

 

Other Planning Instruments

 

State Environmental Planning Policy No 19 – Bushland in Urban Areas

 

The site shares part of its boundary with land which is zoned E2 – Environmental Conservation under Lane Cove LEP 2009. The proposal has been considered having regard to the need to retain any bushland on the land, and the effect of the proposed development on bushland, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland.

 

Council is satisfied that, subject to the imposition of appropriate draft condition of consent (Draft condition 29), the proposal is acceptable.

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. A Stage 1 desktop survey has been provided by the applicant and indicates a history of the site being used as a waste facility which was capped and redeveloped for the purposes of a park and sports field.

 

The Stage 1 report from Coffey submitted with the application identified thick landfill, up to 18m thick from geotechnical bores, with groundwater at approximately 6m depth. The EPA Accredited Auditor’s letter submitted noted that earlier investigations had detected methane and other landfill gases present on the site. While results were not presented, this is consistent with the presence of putrescibles such as timber noted on borehole logs. The presence of asbestos was also noted, which the Auditor notes is consistent with landfilling.

 

The Auditor noted that the Coffey report concluded that contamination such as asbestos can be capped including by the building floor slab, and that ground gas mitigation measures can be designed for the building. The Auditor considered that there has been sufficient investigation undertaken to conclude that those measures are appropriate for managing the contamination at the site. (Stage 1 report from Coffey is shown attached as AT-3 and Auditor’s response AT4).

 

The proposal does not raise any concerns in relation to SEPP55 and further investigation is not required in this instance.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 and Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005

 

The site is located within the Foreshores and Waterways Area as defined by the plan. The matters for consideration for development within the Foreshores and Waterways Area have been taken into consideration during the assessment of this application and the proposal raises no concerns in this regard.

 

LANE COVE DEVELOPMENT CONTROL PLAN

 

The proposal has been considered having regard to the relevant provisions of the DCP. The proposal accords with the objectives of the Plan, and further discussion is provided regarding the following specific provisions

 

Part F – Access and mobility

 

The proposal was referred to Council’s Community Development Officer and Senior Building Surveyor and has been considered having regard to the provisions of the Building Code of Australia, the Disability Discrimination Act and Part F of the DCP. The proposal is considered to be acceptable regarding access for people with a disability, subject to the imposition of a draft condition requiring access to be provided to the servery and bonfire areas for children with disabilities in accordance with the relevant Australian Standard. Subject to the draft conditions as recommended (Conditions 17 to 22), the proposal is considered to be acceptable.

 

Part N - Advertising and Signage

 

The proposal involves building identification signage on the north elevation facing Lloyd Rees Drive. The proposed signage is not subject to any specific provisions within Part N of the DCP and as such a merit assessment has been carried out in accordance with Part N2.9. The proposed building identification signage is considered to appropriately respond to the scale and articulation of the building and is of materials and finishes appropriate to the building and to the setting. The proposal is not contrary to the objectives of Part N and the proposed signage is considered to be acceptable.

 

Part H - Bushland Protection

 

The proposed building is located on the site where a portion of the proposed footprint encroaches on the 10m buffer area as defined by Part H of the DCP.

 

The proposal has been considered having regard to the provisions of Part H of the DCP and the following is noted:-

 

·    There are no provisions within Part H regarding development for the purposes of public open space within the buffer zone;

·    The building design is considered to be consistent with the provision of Part H  6.2 of the DCP;

·    The landscaping of the development is dealt with as part of the Blackman Park Master plan prepared by Council's Urban Services division;

·    Bushland maintenance would be carried by Council’s Open Space and Urban Services Division; and

·    Stormwater and Sediment Control Plans have been provided to the satisfaction of Council’s Development Engineer.

 

On balance, notwithstanding the partial encroachment of the building into the 10m buffer zone required by Part H of the DCP, the proposal is considered to provide a greater community benefit and is thus considered to be acceptable.

 

Part O - Stormwater Management

 

The proposal was referred to Council’s Development Engineer and no concerns were raised regarding the proposal’s compliance with Part O of the DCP, subject to the imposition of appropriate draft conditions as recommended (draft conditions 23-30). The conditions relate to the construction of the stormwater disposal system, sediment and erosion control. The proposal is therefore considered to be acceptable in this regard.

 

REGULATIONS

 

The proposal involves minor demolition work, some of which has been carried out in association with the construction of the synthetic sporting fields. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-2001: The demolition of structures.  The matter may be addressed by a draft condition of consent, which is included in the recommendation of this report.

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

Nil.

 

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

 

Four (4) submissions were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

Request that it be a condition of consent that the existing Scout Hall be demolished within 6 months of completion or earlier occupation of the new Scout Hall and Sports Amenities Building.

 

Comment

 

 lt is stated on page 3 of the Statement of Environmental Effects that the application is "in response to the deteriorating condition and limited space for the existing hall nearby, and this will be demolished when the new building is complete". The demolition of an existing building on a different site is outside the scope of the proposed works. Demolition of this building would be subject to a separate development application.

 

Request that it be a condition of consent that the applicant constructs a foot/bike path separated from vehicular traffic from the junction of Lloyd Rees Drive/Wood Street to the new Scout Hall and Sports Amenities Building prior to use of new facility to provide safe access for the users of the park facilities

 

Comment

 

The Blackman Park Master Plan by Stuart Noble and Associates dated 26.11.2013 demonstrates that a shared pedestrian/bicycle path separated from the road is to be provided from behind the proposed scout hall, around the playing fields under construction, and along the river frontage. This master plan is being considered separately to this development application, and although there is an intention to provide this separate access, it is not proposed in this application and as such it is not appropriate to impose conditions for the construction of this path in this application.

 

Query regarding the bush track that starts at the back of 20 Wood St and exits into Blackman Park near the proposed new scout hall construction, and whether access would still be available both during construction of the scout hall and synthetic field project and additionally after construction is finished. 

 

Comment

 

The pathway in question runs along the southern side of 20 Wood Street and snakes down the slope through the bush and exits into Blackman Park in the vicinity of the former basketball courts, which are now a construction site and in the location of the proposed scout hall. Whilst Council has no plans in place to alter its access arrangements as part of the master plan, access through the site would not be permitted by any unauthorized person during construction of both the synthetic playing field and the scout hall for safety reasons. It is noted that access to the remainder of the park would remain available via Lloyd Rees Drive throughout construction.

 

The extent of neighbour notification is inadequate. Notification should have been extended, it should have been notified in the local press and 28 days should have been given from the date of publication.

 

Comment

 

The notification of the development application is in accordance with Council’s policy and is considered to be adequate. It should also be noted that the Blackman Park upgrades including the scout hall project have been featured in the “Current Issues” section of the Lane Cove Council home page, and featured in the January edition of the Lane Cove Council community newsletter that has been sent out to the community and is also available on Council’s website. A total of 55 properties were notified (Notification plan attached AT-2) .

 

Concern regarding the timing of the submission and the closing date for submission being in the middle of the holiday period.

 

Comment

 

The notification of this development application was extended to 28 days in accordance with Council’s procedure for extended notification period over the holiday season. It should also be noted that Council’s notification letter asks that “If you wish to make comments about the application, please submit them in writing within 28 days from the date above”. Submissions received after the end of the notification period and before the determination of the development application are also taken into consideration, however the provision of an end date to the notification period encourages concerned neighbours to lodge their submissions in a timely manner to allow for the processing of the development application.

 

The masterplan drawing should have been attached to the notification of this application

 

 

 

 

Comment

 

Whilst the outline of the scout hall is shown on the master plan document, the master plan for Blackman Park is a separate project and is involved in different approval process than the current development application. Attaching the master plan may have provided some additional context in terms of demonstrating how the proposed scout hall sat within the greater plan for Blackman Park, it could also have caused confusion with regard to the works for which consent was sought as part of this development application. It is not inappropriate for this document to not have been included in the notification information sent to neighbouring properties.

 

Concerns regarding the size of the proposed building, the small proportion of the building devoted to sports amenities adjacent to the sporting fields, and question as to whether the scout hall facilities should have been accommodated on the other side of Lloyd Rees Drive in order to provide a smaller building for the sporting amenities and have a lesser visual impact on the park.

 

Comment

 

The supporting information indicates that the relocation of the Scout Hall has been negotiated by Scouts Australia (NSW) with Lane Cove Council in response to the deteriorating condition and limited space for the existing hall nearby. Given the upgrade of the Blackman Park playing fields provision for improved sports amenities has been considered appropriate. The intention has been to create a new facility that would combine toilets, shower and change rooms with the proposed Scout Hall under one roof. It is considered that the combined proposal for the one building including the provision of both sports amenities and scout facilities seeks to provide the greatest community benefit with the funding available.

 

Concern regarding the overall reduction in available open space not built upon within the park

 

Comment

 

This development application is concerned with the construction of the scout hall and amenities building and the changes to the built-upon area of the park proposed in the overall master plan are not subject to assessment as part of this application, however it should be noted that the park will continue to feature open space and bushland as part of its overall layout.

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies.

 

Subject to the submission of details regarding the management of the site with regard to contamination, the proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009, will not result in any adverse impacts for the locality and is not considered to be contrary to the public interest.

 

Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

RECOMMENDATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants “Deferred Commencement” development consent to Development Application DA13/203 for the construction of a new scout hall and sports amenities building on Part Lot 67 in DP 13316, Lot 88 in DP 752067, Part Lot B in DP 383506, and Lot 11 in DP 847545 and known as Blackman Park, Lloyd Rees Drive, subject to the following conditions:-

 

PART A – DEFERRED COMMENCEMENT CONSENT

 

The consent shall not operate and it may not be acted upon, until the Council or its delegate is satisfied of the following matters:-

 

I.        Detailed plans and specifications for the method of construction of the concrete slab and the method of managing landfill gases that may accumulate as a result of the construction of the proposed building to the satisfaction of Council’s Manager, Environmental Health must be submitted prior to the issue of operational consent.

 

 

II.       An independent review of the plans and specification required by Condition I above must be carried out by a NSW Accredited Site Auditor, and a report confirming that the method of construction and landfill gas management systems involved are suitable for the proposed use of the building must be submitted prior to the issue of the operational consent.

 

Evidence of the above matters must be produced to the Council or its delegate within 12 months of the date shown otherwise the consent shall not operate.

 

Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify you in writing if Part A of this consent has been satisfied and the date from which this consent operates.

 

PART B – CONDITIONS OF CONSENT

 

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

 

1.       (20) That the development be strictly in accordance with drawing number DA101, DA102, DA103, DA104 DA105,DA201, DA301, DA302, dated 2.12.13 by Architects Johanssen + Associates, except as amended by the following conditions.

 

2.       Fire separations between classifications of the proposed building are to comply with the provisions of the Building Code of Australia.

 

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

 

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

 

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

 

6.       (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 occupation of the development/release of the plan of subdivision.

 

7.       (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

8.       (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.

 

9.       (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.

 

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

 

11.     (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.

 

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

 

13.     (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.

 

14.     (137)  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.

 

15.     (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

16.     (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.

 

 

ACCESS CONDITIONS

 

17.     Access for people with a disability to the building and surrounding areas must be provided in accordance with the requirements of AS1428, the Building Code of Australia and the Access to Premises Standards 2010.

 

18.     All tactile indicators required by AS1428.4 shall be installed in accordance with this standard.

 

19.     The servery counter located between the kitchen and hall shall be designed so as to allow children with a disability using a wheelchair to be able to participate in activities independently and unassisted in accordance with AS1428.3.

 

20.     A minimum of 1 drinking fountain shall be provided that allows people with a disability using a wheelchair be able to participate in activities independently and unassisted in accordance with AS1428.3, with the force needed to operate the controls should comply with Clause 12.4 of AS1428.2

 

21.     The pathway of travel from the building to the ‘fire pit’ area shall be to a gradient of not more than 1:14 in accordance with the requirements of AS1428.2.

 

22.     Access from the adjacent playing fields to the building shall be provided on a pathway to a gradient of not more than 1:14 in accordance with the requirements of AS1428.2

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

23.     (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.

 

24.     (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.

 

25.     (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.

 

26.     (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.

 

27.     (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

·    Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system;

·    Mosquito protection & first flush device shall be fitted to the reuse tank; and

·    The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

Engineering conditions to be complied with prior to Construction Certificate

 

28.     (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with 20130160 prepared by Building Services Engineers dated 26-11-13. 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, 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.

 

          Engineering condition to be complied with prior to commencement of construction

 

29.     (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 prepared by Building Services Engineers numbered H02 and dated 26-11-13. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering condition to be complied with prior to Occupation Certificate

 

30.     (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. 

 

TRAFFIC CONDITIONS

 

31.     The development car park layout must be constructed in accordance with the relevant provisions of AS/NZS 2890.1:2004 Parking facilities – Part 1: Off-street car parking.

 

32.     A minimum of one disabled parking space must be provided on-site as close to the main entrance as possible. Disabled parking spaces must be constructed in accordance with the relevant provisions of AS/NZS 2890.6:2009 Parking facilities – Part 6: Off-street parking for people with disabilities.

 

33.     All bicycle parking facilities must comply with AS 2890.3.

 

34.     Short-term bicycle parking facilities (racks) without direct surveillance must be located in well-lit and highly visible places to achieve a reasonable level of security.

 

35.     The waste collection / loading area must comply with the Service Bay dimensions for the SRV vehicle class (3.5m x 6.4m; 3.5m vertical clearance) as per AS 2890.2.

 

36.     Vehicle head room clearance must meet Australian standards (AS 2890 series) and particularly Council’s DCP Part Q in relation to Council’s Waste Collection vehicle.

 

37.     All vehicle manoeuvres required on site should meet Australian standards (AS 2890 series).

 

38.     All ramp grades and widths must comply with Australian standards (AS 2890 series).

 

39.     The combined vehicle access must meet relevant standards (AS 2890 series) with regards to width, sight distances, kerb splays, queuing and signposting.

 

40.     A Construction Traffic Management Plan (CTMP) must be submitted to Lane Cove Council’s Traffic and Transport Section (LCCTraffic@lanecove.nsw.gov.au) for approval prior to the issue of the Construction Certificate. It must consider the traffic and road safety impacts of the construction works on the local area and the means proposed to manage construction works to minimise such impacts. It must also include relevant Traffic Control Plans (TCPs) produced by an RMS-accredited red or orange card holder, and provide details of the proposed site compound and loading/unloading operations.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

41.     (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; and

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

 

42.     (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. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book).

 

43.     (408) Stockpiles

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.

 

44.     (409) Construction and Fit out of Food Premises

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

 

45.     (411) Final Inspection (Food premises)

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 trading commences.

 

 

46.     (432) Garbage storage Area

All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire sprinklers and meet fire safety standards in accordance with the Building Code of Australia. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

47.     (467) Assessment of Potentially Contaminated Soils

All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).

 

48.     (468) Offsite Disposal of Contaminated Soil

All contaminated soil removed from the site 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.

 

TREE PROTECTION CONDITIONS

 

49.     (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.

 

50.     (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.

 

51.     (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

 

52.     (317) A 1.8 metre high chain mesh fence shall be erected encompassing the stand of tree adjacent to Lloyd Reese Drive on the west side of the proposed driveway. The tree protection zone may end at the west end of the concrete structure. 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.

 

53.     (new) A waterproof sign must be placed on the tree protection zone at 3 metre intervals 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.

 

54.     (new) All tree protection measures and signage must be erected PRIOR TO THE COMMENCEMENT OF WORKS. 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.

 

RURAL FIRE SERVICE CONDITIONS

 

55.     Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

a)    At the commencement of building works and in perpetuity, the property around the proposed building to a distance of 20 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

 

56.     Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

a)    Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

57.     Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

a)    An Emergency /Evacuation Plan shall be prepared consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan'.

 

58.     Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the  potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

a)    New construction on the northern, eastern and southern elevations of the proposed building shall comply with sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 of Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

b)    New construction on the western elevation of the proposed building shall comply with Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' sections 3 and 6 (BAL 19) and section A3.7 of Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

59.     Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

AT‑3 View

Stage 1 Contamination Assessment prepared by Coffey

72 Pages

AT‑4 View

Review by Auditor of Stage 1 Contamination Assessment

2 Pages

 

 

 


Independent Hearing and Assessment Panel Meeting 1 April 2014

9 Mafeking Avenue, Lane Cove

 

 

Subject:          9 Mafeking Avenue, Lane Cove    

Record No:    DA13/143-01 - 14375/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                     9 Mafeking Avenue, Lane Cove

 

DA No:                                    DA 13/143

 

Date Lodged:              18 September 2013 (Latest amended plans were lodged on 19 March 2014)

 

Cost of Work:              $18,056,400.00

 

Owner:                                    General Computer Corp Pty Ltd

 

Applicant:                    Winim Developments Pty Limited

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a residential flat building comprising 60 dwellings with basement car park

ZONE

R4 – High Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 2b, 7a & 10b

NOTIFICATION

The amended plans were re-notified in accordance with the notification of the original development proposal.

 

BACKGROUND

 

The original proposal was for the construction of a residential flat building comprising 58 dwellings with basement car park for 93 cars. On 3 December 2013 the application was considered by Lane Cove Council’s Independent Hearing and Assessment Panel (LC IHAP). The application was referred to IHAP given that the proposed development is at a prominent location and the application sought significant variations to Lane Cove Local Environmental Plan 2009 (LEP) and the draft LEP development standards; and the requirements of Lane Cove Development Control Plan (DCP).  Refer to AT-1 of the original report.

 

Subsequent to the completion of the assessment report, on 2 December 2013 the applicant lodged a late submission to IHAP and requested IHAP to defer the determination of the application.

 

The IHAP resolved to defer its determination and called for an additional assessment report which would review the applicant’s late submission.

 

Following the IHAP meeting, on 12 December 2013 a meeting was held between the Council’s development assessment team and the applicant.

On 22 January 2014 the applicant advised Council, that some issues raised in the original assessment report have been considered and the design amended.  

 

On 30 January 2014, the applicant lodged a submission to the IHAP and requested for a further deferral of the determination. 

 

On 4 February 2014, IHAP resolved to again defer its determination to allow a further review of the proposal by the applicant.

 

On 26 February 2014, the applicant subsequently lodged amended plans and supporting documents to Council.  The amended plans were re-notified in accordance with Council’s notification policy between 26 February 2014 and 12 March 2014.

 

On 10 March 2014, during the notification period of the amended plans, the applicant filed a deemed refusal appeal in the Land and Environment Court. 

 

This additional supplementary report reviews the amended plans for the proposed development for the construction of a residential flat building comprising 60 dwellings with basement car park.

 

EXECUTIVE SUMMARY

 

The original development proposal was for the construction of a residential flat building comprising 58 dwellings and basement car park for 93 cars.  The original proposal failed to meet the building height standard of the LEP and the FSR of the draft LEP.  The proposal failed to meet varies requirements of the DCP and the Residential Flat Building Design Code including landscaping, side setbacks, amenity, car parking, and solar access.

 

The amended proposal has increased the floor space of ratio (FSR) of the development from 2.4:1 to 2.46:1.  The number of dwellings has been increased from 58 to 60.  The amended design has improved the setbacks and landscaping.  However, the non-compliance with the FSR standard of the draft LEP, landscaping and setback requirements of the DCP remain unresolved. 

 

Recent advice from Planning and Infrastructure has confirmed its willingness and support for an FSR around 2.4:1 albeit Council remains committed to its original FSR of 2:1.

 

The particular circumstance and merit of this proposal justifies the non-compliances supported in the recommendation and the Panel is requested to determine the matter.

 

The compliance with the setback requirement has been achieved by condition of consent. 

 

The development application is recommended for approval subject to draft conditions. 

 

DEVELOPMENT PROPOSAL

 

The comparison of the original proposal and the amended proposal is listed below:

 

Distribution of the Dwellings in the Original Proposal

 

Level

1 bedroom unit

2 bedroom unit

3 bedroom unit

Total

G

5

2

1

8

1

4

4

1

9

2

4

4

1

9

3

3

4

1

8

4

3

4

1

8

5

3

4

1

8

6

3

4

1

8

Total

25 (43%)

26 (45%)

7 (12%)

58 (100%)

 

Note

 

·    12 dwellings were designed to be adaptable.  Adaptable dwellings included 5x1 bedroom dwellings and 7x2 bedroom dwellings; and 

 

·    93 car spaces including 7 disabled spaces and 5 adaptable spaces and a car wash bay were proposed in the basement comprising two levels.

 

Distribution of the Dwellings in the Amended Proposal

 

Level

1 bedroom & studio

2 bedroom

3 bedroom

Total

G

5

3

1

9

1

3

5

1

9

2

3

5

1

9

3

3

5

1

9

4

4

3

1

8

5

4

3

1

8

6

4

3

1

8

Total

26 (43%)

27 (45%)

7 (12%)

60 (100%)

 

Note

 

·    The amended proposal has increased the FSR from 2.4:1 to 2.46:1 and the number of the dwellings from 58 to 60;

 

·    12 adaptable dwellings include 6x1 bedroom dwellings and 6x2 bedroom dwellings;

 

·    96 car spaces including 7 disabled car spaces, 5 adaptable spaces and a car wash bay are proposed in the basement comprising two levels; and

 

·    5 adaptable car spaces do not meet AS 2890.6.

 

Lane Cove Local Environmental Plan 2009

 

Site Area: 1997.1m2

 

Provisions

LEP

Draft LEP

Original Proposal

Amended Proposal

Zone

R4 – High density residential

R4

Residential flat building development

Residential flat building development

Max FSR

4.1:1

2:1

2.4:1

2.46:1

Max building height

12m

25m

23.6m

23.6m

 

Note

 

·    Both the original and the amended proposals meet the FSR of the LEP, however exceed the building height standard of the LEP.  Both proposals meet the building height standard of the draft LEP, however, exceed the FSR standard of the draft LEP. 

·    There is an inconsistency between the FSR and the building height standards of the LEP. The draft LEP seeks to rectify this inconsistency. Given that the draft LEP is at an advance stage and close to gazettal, Council has given significant weight to the development standards of the draft LEP during the assessment of this application. 

 

Lane Cove Development Control Plan

 

Part B General Controls

 

Clause

Requirements

Original Proposal

Amended Proposal

Complies/ Comment

B3 Site Amalgamation & Isolated site

To encourage site consolidation of allotments for development in order to promote the desired urban design outcomes and the efficient use of land and to avoid the creation of isolated sites.

 

Consolidation of 3 allotments for a residential flat building development

The proposed development would not create isolated sites.

As original proposal

Yes

 

 

Yes

B8 Safety & security

 

Ground floor dwellings have direct access or entries from the street and at least one habitable room with windows facing the street

The building has a pedestrian entry from Pacific Highway and balconies face Pacific Hwy, Longueville Rd and Mafeking Ave

 

As original proposal

Yes

 

Part C3 Residential Flat Buildings

 

Clause

Requirement

Original Proposal

Amended Proposal

Complies/ Comment

3.2 Density

Minimum site area 1500m2

Area of site approx 1997.1m2 

 

As original proposal

Yes

3.3 Building depth

18m exclusive of any balcony

 

24m

22m

No.

However, the amended plans improve compliance  requirement

 

3.4 Building width

40m maximum
fronting the street

31m fronting
Longueville Rd

30m to
Longueville Rd

Yes

 

3.5 Setback

Front

 

 

 

 

Side

 

 

 

Minimum 7.5m

 

 

 

 

 

6m up to 4 storeys

 

9m for 5-8 storeys

 

7.5m with minor encroachment

 

 

 

 

4.5m

 

4.5

 

Minimum setback of 6.4m and majority of the building has a 7.5m setback to the front boundary

 

4.7m

 

4.7m

 

No

 

 

 

 

 

No

 

No

3.5.3 Parking Podium Height

 

Height adjoining front boundary

 

Height adjoining east boundary

 

Height adjoining west boundary

 

Height adjoining rear boundary

 

 

 

1.2

 

 

1.2m

 

 

1.2m

 

 

1.2m

 

 

 

0.3m

 

 

Nil

 

 

0.8m

 

 

Nil

 

 

 

As original proposal

 

 

As original proposal

 

 

As original proposal

 

 

As original proposal

 

 

 

Yes

 

 

Yes

 

 

Yes

 

 

Yes

3.6 Building separation within development

9m between non-habitable rooms and blank wall to any other window, well or balcony for 5-8 storeys up to 25m

 

N/A

N/A

N/A. 

There is only one building proposed on the site.

3.8 Excavation

Encroachments into setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level.

 

Nil to the all site boundaries

As original proposal

No

 

3.9 Design of roof top area

Detailed landscape plan required for roof top area

 

No roof top terrace proposed

 

Landscape plans provided.  The roof top terrace includes timber decking, vegetable & herb garden, and seating

Yes

3.10 Size & mix of dwellings

Minimum 40m2

 

 

A mixture of 1, 2, & 3 bedroom dwellings should be provided

 

At least 10% of each unit type is to be provided

Minimum 51.66m2 (1.08).

 

 

The proposal comprises 25X1 bedroom and 26X2 bedroom and 7x3 bedroom dwellings.

1 bedroom: 43%

2 bedroom 45%

3 bedroom 12%

 

Minimum 50m2 (G06).

 

The proposal comprises 1 studio, 25X1 bedroom, 27X2 bedroom and 7x3 bedroom dwellings.

1 bedroom: 43%

2 bedroom 45%

3 bedroom 12%

 

Yes

 

 

 

 

Yes

 

 

Yes

Yes

Yes

3.11 Private open space

Primary balconies - 10m2 with minimum depth 2m

Primary terrace - 16m2 with minimum depth 4m.

Balconies meet minimum dimensions

Private terraces meet minimum dimensions

As original proposed

 

As original proposed

Yes

 

Yes

3.12 Number of car parking, motorcycle and bicycle spaces

 

1 space per 1 bedroom

 

1.5 spaces per 2 bedroom

 

2 spaces per 3 bedroom

 

Visitor 1 per 4 dwellings

 

 

 

 

 

 

 

 

 

 

 

 

 

1 motor cycle space per 25 car spaces (4 spaces required)

 

1 bike locker per 10 dwellings (6 lockers required)

 

1 Bike rail per 12 dwellings (5 rails required.

25 x 1 bedroom dwellings = 25 spaces (25x1)

 

26 x 2 bedroom dwellings = 39 spaces (26x1.5)

 

7 x 3 bedroom dwellings = 14 spaces (7x2)

 

Visitor = 14.5 (58/4)

 

Required car parking space: 93

 

93 car spaces and a car wash bay are proposed

 

 

 

 

 

 

 

 

4 Motor cycle spaces proposed on B1 Level

 

 

5 bike lockers are proposed in the Basement 1 & 2 levels

 

7 Rails are proposed on B2 & Ground levels

 

1 Studio = 0.5 spaces

 

25 x 1 bedroom dwellings = 25 spaces (25x1)

 

27 x 2 bedroom dwellings = 40.5 spaces (27x1.5)

 

7 x 3 bedroom dwellings = 14 spaces (7x2)

 

Visitor = 15 (60/4)

 

Required car parking space: 95

 

96 car spaces and a car wash bay are proposed.

 

4 Motor cycle spaces proposed on B1

 

 

10 bike lockers are proposed

 

 

10 bike racks proposed

The proposed car park meets the numerical requirement, however, 5 spaces for the adaptable dwelling do not meet AS 2890.6.

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

3.13 Ceiling heights

 

Minimum 2.7m

2.7m

2.7m

Yes

 

3.14 Storage

 

6mper 1 bedroom dwelling

 

8m3 per 2 bedroom dwelling

 

10m3 per 2 bedroom dwelling

 

 

50% of the storage volume within the dwelling

Designated storage areas  equivalent to 370m3  are proposed on the Basement 1 & 2 Levels

 

Internal storage areas are proposed within the dwellings.  The internal space of the dwellings would be sufficient to meet the requirements of storage volume (214m3)

 

Total required= 428m3

 

 

Sufficient storage space is proposed

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

3.15 Solar access

 

Living rooms and private open spaces of 70% of the units to receive 3 hours of direct sunlight between 9am 3pm on 21 June

 

Maximum 10% dwellings with a southerly aspect

 

76% of dwellings would receive more than 3 hours solar access (44 dwellings)

 

 

 

14% of dwellings have a southerly aspect (8 dwellings)

 

68% of dwellings would receive more than 3 hours solar access (41 dwellings)

 

 

 

7% of dwellings have a southerly aspect (4 dwellings)

 

No

 

 

 

 

 

 

Yes

 

3.16 Natural ventilation

 

Minimum 60% of the dwellings should have cross ventilation.

 

 

Minimum 25% of kitchens have access to natural ventilation

 

60.3% of dwellings would have cross ventilation (35 dwellings)

 

 

36% of kitchens would have access to natural ventilation (21 dwellings)

 

52% of dwellings would have cross ventilation (31 dwellings)

 

35% of kitchens would have access to natural ventilation (21 dwellings)

 

No

 

 

 

 

Yes

3.17 Visual privacy

 

Provide visual privacy between the adjoining properties

Privacy screens are not proposed to all windows directly facing each other in the building

 

Privacy screens are added to some balconies on the south elevation.

No.

The proposed building would not have adequate separation to the adjoining site at 398 Pacific Hwy.

 

3.18 Communal open space

 

Minimum 25%

23% proposed

29%

 

Yes

The driveway, access ramp and fire egress should not be included in the communal open space

 

3.19 Landscaped area

25% provided at ground level and up to15% provided on structures (40% required)

4% landscaped area proposed

7.2% (144.65m2)

No

The proposed basement occupies the entire site and there is little deep soil for planting trees.

 

Part F - Access and Mobility

 

DCP

Original Proposal

Amended Plans

Complies/ Comment

Adaptable housing to be provided at the rate of 1 dwelling per 5 dwellings (20%) (Minimum of 12 dwellings are required)

12 adaptable dwellings are  shown on the plans

12 adaptable dwellings are  shown on the plans

Yes

Provide 1 accessible parking space for each adaptable housing unit (minimum of 12 spaces required)

13 accessible parking spaces provided on B1, B2 Levels car park

13 disabled spaces and 5 accessible spaces proposed

No.  The number of accessible car spaces meets the DCP requirements.  However, 5 accessible car spaces do not meet the design standard AS 2890.6

 

 

The non-compliances with the DCP requirements are further discussed below.

 

Side Setback

 

The amended plans made adjustments to the western boundary setbacks to achieve a minimum 12m separation between the proposed building and the adjoining residential flat building located at 6-8 Longueville Road, Lane Cove.  The western setback for the development meets the DCP requirement.

 

The Plans adjusted the southern boundary setback adjoining 398 Pacific Highway.  The lower 4 levels of the building meet the minimum 6.0m side setback requirement with three minor encroachments with a minimum setback of 4.7m.  No additional setback is proposed for the upper levels on Level 4 to Level 6.  There is a 13.5m separation between the proposed building and the adjoining site.  The minimum required building separation between 5-8 storey buildings is 18.0m.  The setback of the proposed building is insufficient and additional 4.3m setback is required.

 

Council requires a residential flat building development to have a minimum of 10% 3 bedroom dwellings.  It is noted that the third bedroom of three 3 bedroom dwellings (4.06, 5.06, and 6.06) encroach into the setback.  The internal sizes of the concerned 3 bedroom dwellings is approximately 110m2 each and the deletion of the rooms encroaching into the setback would reduce to the size of these dwellings to approximately 100m2 each.  Smaller 3 bedrooms dwellings would be physically achievable by reconfiguration of the internal layout of the dwellings.

 

A minimum of 10% of 3 bedroom dwellings is also achievable by the combination of some of 1 bedroom and 2 bedroom dwellings into 3 bedroom dwellings.

 

Communal Open Space and Roof Top Terrace

 

The applicant states that the proposed communal space is 720.27m2 which includes space for substation, driveway, letter boxes, bike racks, ramps and fire egress walkway.  The useful communal space exclusive of service area is approximately 585m2.  The amended plans have included a roof top terrace which adds 242m2 of communal open space to the proposed development.  It includes two large planters, vegetable and herb garden along the edges, and two seating areas.  Access to the roof top terrace by egress stairs from Level 6 would not be accessible by occupants with less mobility. 

 

Comment

 

Access for people with a disability should be available to all common use facilities including carpark, letterbox area, laundry and cloth drying area, garbage disposal area and at least a part of the garden.  The roof top terrace offers a range of seating option which was not offered in other areas of the development and should be accessible by lifts.  A condition requiring lift access to the roof terrace is recommended. 

 

Additional height for the construction of the lift may result in the building marginally exceeding the 25m building height standard of the draft LEP.  However, the lift is located away from the building edges and would have little or no impact on the streetscape.  Supporting the exception to the building height standard of the draft LEP in this circumstance would achieve a better planning outcome and in this context.

 

Accessible Car Space

 

5 accessible car spaces designed for the adaptable dwellings do not meet AS 2890.6.  Council’s traffic engineer has confirmed that the at least one car space meeting with AS2890.6 should be provided to each adaptable dwelling.  3 car spaces would need to be removed in order to provide 5 disabled spaces (AS2890.6) instead of the proposed adaptable spaces.

 

Comment

 

The DCP requires a minimum of 95 car spaces within the proposed development.  96 car spaces are proposed.  However, the proposed car park is only sufficient to accommodate 93 cars which meet the required standards and proposal would be two car spaces below the minimum parking requirement of the DCP.

 

A Section 94 contribution would be required for the car spaces not provided if the applicant is unable to meet the car parking requirement of the DCP.


REFERRALS

 

Manager Urban Design and Assets

 

The development engineer has advised that the previous comments to the original proposal remained unchanged.  In particular the development is yet to receive RMS’s concurrence. 

 

 

Manager Parks

 

Comments previously made regarding the deep soil provisions for the site remain relevant to the amended plans.  The basement carpark footprint significantly limits the ability to provide deep soil area on the site. 

Comments previously made regarding details of on structure planting and the extent of proposed planters remain relevant to the amended plans.  The typical section through north facing courtyard on sheet 5 of 5 prepared by Banksia Design Group does not adequately convey the relationship of the landscape treatment to the built form/ structural slab and makes it difficult to properly assess the proposals.

Levels of planters have been provided on the landscape plans as a relative height to the architectural floor level (+400, +1500, etc) not as reduced levels (RL’s).  A typical on-slab detail (not to scale) is provided on Sheet 5 of 5.  Comprehensive project specific detailing would need to be prepared and coordinated with other design disciplines prior to issue of a Construction Certificate.

The graphic layout and arrangement of planting is difficult to determine in relation to the labelling provided.  From the height of planters given there should be greater opportunity to provide more prominent tree species, such as and in addition to the Angophora Costata on the northern elevation. 

The location of the Angophora needs to be more carefully considered in relation to the detention basin and deep soil area to avoid conflict with structure and maximise available root volume area.

The roof garden plan is incomplete in the print copy submitted.  The inclusion of the garden is a positive contribution to the Common Open Space facilities for the development, however the design and documentation needs further development prior to the issuing of the Construction Certificate to ensure a successful outcome is achieved.

 

Manager of Traffic

 

Council’s traffic engineer has provided the following advice after the review of  architectural drawings prepared by Turner (24 February 2014) and a letter from Traffix (25 February 2014) titled ‘Additional Traffic Modelling of Revised Proposal & Assessment Demonstrating Impacts of a 2:1 FSR Scheme vs. The Proposed 2.46:1 FSR Scheme’.

A.   It is noted that all modelled intersections perform at a satisfactory Level of Service (LOS) – LOS D or better – under all assessment scenarios. However, the Osborne Road and Howarth Road approaches operate at LOS F under existing conditions, and will continue to do so under both development scenarios. Inspection of the SIDRA models shows that delays on the Osborne Road approach will increase by 2 seconds, which is considered acceptable. The model results show that the additional 8 vehicles using Howarth Road in the AM peak would not increase delays as a result of signal phasing optimisation. The optimisation of the Howarth Rd/Pacific Hwy TCS forecast in the SIDRA model will be referred by Council to the Network Operations section of RMS to determine whether the SIDRA optimisation is a realistic representation of the how the SCATS system would operate in a real-world scenario.

B.   The on-site parking provision meets Council’s DCP requirements. NB: Car wash bays are not considered to be part of the overall parking provision.

C.  Council accepts the applicant’s proposal to provide an additional 4 bicycle lockers and 5 bicycle racks on top of Council’s DCP requirements, as recommended in the memorandum dated 21 October 2014.

D.  It is noted that the applicant has proposed 5 accessible parking bays (AS 4299) – two on Basement 1 and three on Basement 2. As stated in the previous memorandum, each adaptable unit requires a disabled parking space compliant with AS 2890.6.

E.   3 Residents spaces will need to be removed in order to provide 5 disabled spaces (AS2890.6) instead of the proposed adaptable spaces.

 

Building Surveyor

 

Council’s senior building surveyor has reviewed the amended plans and advised that the accessible roof top space is required to meet Australian Standard 1428.1-2009.

 

Community Services

 

Access for people with a disability should be available to all common use facilities including carpark, letterbox area, laundry and cloth drying area, garbage disposal area and at least part of the garden.  The roof top offers a range of seating option not offered in other areas of the development.  Access to roof top – must comply with AS1428.1-2009.

 

SEPP 65

 

Council’s consultant architect has reviewed the amended plans and provided additional advice as shown attached as AT- 3.

 

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

 

The amended proposal was re-notified between 26 February 2014 and 12 March 2014.  6 submissions were received in response to the notification of the amended plans. 

 

The submissions retained their concerns raised in the original proposal.

 

CONCLUSION

 

The amended plans have adjusted the side setback to the western boundary of the site and comply with the DCP requirement.

 

There is minor improvement to the deep soil area and the site constraints are noted. The roof top terrace would improve the amenity of the development and is considered essential from an equity of access for all context. 

 

The proposed three levels of the building which have a minimum setback of 4.7m to the southern boundary should be addressed by the deletion of space encroaching within the setback and the remainder of the affected units to be reconfigurated. 

 

Compliance with the minimum of 10% of 3 bedroom dwelling requirement of the DCP is achievable by the reconfiguration of the floor plans of the concerned 3 bedrooms dwellings or combining some of the 1 bedroom and two bedroom dwellings into 3 bedrooms. 

 

Equitable access to all occupants is required by conditions of consent.

 

 5 accessible car spaces are required to meet AS2890.6.

 

It is acknowledged that the minimum of 25% deep soil requirements of the DCP is difficult to achieve given the constraints of the site.  However, in the amended plans, the combine deep soil planting, with planter beds and roof top garden meets the 40% landscaping requirement of the DCP. 

 

Recent advice from Planning and Infrastructure has confirmed its willingness and support for an FSR around 2.4:1 albeit Council remains committed to its original FSR of 2:1.

 

The particular circumstance and merit of this proposal justifies the non-compliances supported in the recommendation and the Panel is requested to determine the matter.

 

The development application is recommended for approval.

 

 

RECOMMENDATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred  development consent to Development Application DA 13/143 for the construction of a residential flat building comprising 60 dwellings with basement car park on Lot 10, 11 and 12, DP 1056023 and known as 9 Mafeking Avenue, Lane Cove subject to the following:-

 

Part A

 

Where Council is to issue an approval the following conditions must be applied to the determination:-

 

Documentary evidence demonstrating a detailed analysis of the proposed development has been prepared and approved by the Roads and Maritime Services (RMS) demonstrating that there will be no adverse effects on their infrastructure as a result of this development must be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

Part B

 

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

 

General Conditions

 

1.         That the development be strictly in accordance with the following drawings with Project No. 13031 prepared by Turner except as amended by the following conditions:-

 

·    Site Plan, Site Analysis Plan, A-DA-100-002, Rev D5, dated 24/02/2014;

·    GA Plans, Basement 1 Plan, A-DA-110-B01, Rev D6, dated 19/03/2014;

·    GA Plans, Basement 2 Plan, A-DA-110-B02, Rev D6, dated 19/03/2014;

·    GA Plans, Ground Level, A-DA-110-000, Rev D5, dated 21/2/2014;

·    GA Plans, Level 1, A-DA-110-001, Rev D5, dated 21/02/2014;

·    GA Plans, Level 2, A-DA-110-002, Rev D5, dated 21/02/2014;

·    GA Plans, Level 3 Plan, A-DA-110-003, Rev, D5, dated 21/02/2014;

·    GA Plans, Level 4 Plan, A-DA-110-004, Rev D5, dated 21/02/2014;

·    GA Plans, Level 5 Plan, A-DA-110-005, Rev D5, dated 21/02/2014;

·    GA Plans, Level 6 Plan, A-DA-110-006, Rev D5, dated 21/02/2014;

·    GA Plans, Roof Plan, A-DA-110-007, Rev D6, dated 25/02/2014;

·    GA Elevation, North Elevation, A-DA-210-001, Rev D5, dated 21/02/2014;

·    GA Elevation, North East Elevation, A-DA-210-002, Rev D5, dated 21/02/2014;

·    GA Elevation, South Elevation, A-DA-210-003, Rev D5, dated 21/02/2014;

·    GA Elevation, West Elevation, A-DA-210-004, Rev D5, dated 21/02/2014;

·    GA Sections, Section AA, A-DA-310-001, Rev D6, dated 19/03/14;

·    GA Sections, Section BB, A-DA-310-002, Rev D6, dated 19/03/14; and

·    GA Sections, Section CC, A-DA-310-003, Rev D6, dated 19/03/14.

 

The following landscape plans must be amended to be compatible with the RLs of the architectural plans:-

·    Landscape Planting Upper DA Application, prepared by Banksia Design Group, dated 24.02.2014, Job No. C 130715 Sheet 1 of 5, Issue No. B;

·    Landscape Planting Plan Lower DA application, prepared by Banksia Design Group, dated 24.02.2014, Job No. C 130715 Sheet 2 of 5, Issue No. B;

·    Landscape Planting Plans Level 4 DA Application, prepared by Banksia Design Group, dated 24.02.2014, Job No. C 130715 Sheet 3 of 5, Issue No. B;

·    Landscape Planting Plan Upper DA Application, prepared by Banksia Design Group, dated 24.02.2014, Job No. C 130715 Sheet 4 of 5, Issue No. B; and

·    Landscape Plans Plant Schedules DA, prepared by Banksia Design Group, dated 24.02.2014, Job No. C 130715, Sheet 5 of 5, Issue No. B.

 

2.         Amended plans to be submitted.

 

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:-

 

(a)  The third bedroom encroaching into the side setback area in the dwellings of 4.06, 5.06 and 6.06 must be deleted to satisfy a minimum 9m setback to the south-eastern boundary of the site;

 

(b)  Access to the rooftop level is to be made accessible in accordance with Australian Standard 1428.1-2009; and

 

(c)  The studies shall not be used as bedrooms and a minimum opening of 1.5m must be provided to the studies in the dwellings. 

 

3.         The existing three lots must be consolidated into 1 lot and evidence of the consolidation from NSW Department of Land and Property Information must be submitted to the Principle Certifying Authority prior to the release of the Construction Certificate.

 

4.         The development must comprise a minimum 10% of 3 bedroom dwellings.

 

5.         Letterboxes are to compile with AS 4299.3.8.

 

6.         Timber decking must comply with AS1428.1-2009.

 

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

 

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

 

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

 

11.       THE PAYMENT OF A CONTRIBUTION FOR THE ADDITIONAL PERSONS LIVING ON THE SITE IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $864,409.99 AT THE CURRENT RATE (2013-2014) OF $9391 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

The S94 Contribution is calculated as the following table:-

 

Dwelling

Average Occupancy Rate

Contribution Per Person

(2013-2014)

Contribution Per Dwelling

Number of Dwellings

Contribution

1 Bedroom & studio

1.2

$9391.00

$11,269.20

26

$292,999.20

2 Bedroom

1.9

$9391.00

$17,842.90

27

$481,758.30

3 Bedroom

2.4

$9391.00

$20,000 Cap

7

$140,000.00

Total

 

 

 

60

$914,757.50

 

A credit for existing commercial space is $50,347.51 (530.7m2 x $94.87/m2) based on the current rate (2013-2014) of $94.87/m2

 

The required S94 Contribution is $864,409.99 ($914,757.50 - $50,347.51).

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

12.       Hours of building works.

 

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

 

Monday to Friday (inclusive)        7am to 5.30pm.

Saturday                                       8am to 12noon with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N.

Sunday            No work Sunday or any Public Holiday.

 

13.       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.

 

14.       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.

 

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

 

16.       The minimum provision of 95 on-site car parking spaces, 4 motor cycle spaces, 10 bike lockers and 10 bike rails must be provided for the use of the development on site at all times.

 

17.       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.

 

18.       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.       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.

 

d)         A statement of hours of work and restrictions.

 

The signs shall be maintained for the duration of construction works.

 

20.       The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter, Lane Cove River or stormwater system is PROHIBITED.

 

21.       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)         All reinforcement prior to filling with concrete.

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

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Stormwater drainage lines prior to backfilling

f)          Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framings.

 

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

 

24.       A check survey certificate is to be submitted at the completion of:-

 

a)         The establishment of each floor level; and

b)         The completion of works.

 

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

25.       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.       The use of 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.

 

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

 

28.       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.

 

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

 

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

 

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

 

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

 

33.        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.

 

34.       Lane Cove Council charges a fee of $37 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.

 

35.       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 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.

 

36.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

37.       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 occupation of the development/release of the plan of subdivision.

 

38.       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.

 

39.       Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

40.       Use of explosives is not permitted.

 

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

 

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

 

43.        Separate development consent is required for the strata subdivision of the development.

 

General Engineering Conditions

44.       (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.

 

45.       (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 2“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. 

 

46.       (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.

 

47.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an 2“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.

 

48.       (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.

 

49.       (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.

 

50.       (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’.

 

51.       (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.

 

52.       (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.

 

53.       (A11) Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery  movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.  

 

54.     (H3) Heavy Vehicle Duty Employee and Truck Cleanliness:The applicant shall

Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

 

Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

 

Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

 

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

55.       (H4) Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

56.       (H5) Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

57.       (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 Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

58.       (K2) Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with part O Council’s DCP- Stormwater Management.

 

59.       (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.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

60.       (D1) Drainage Plans New: A new stormwater drainage plan 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.

 

61.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $2,000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

62.       (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

 

63.       (D2) Geotechnical Report: A geotechnical report is to be completed for the excavation proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

64.       (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

 

The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include

 

Recommended hold points to allow for inspection by a suitably qualified engineer during the following construction procedures:-

 

·    Excavation of the site (face of excavation, base, etc);

·    Installation and construction of temporary and permanent shoring/ retaining walls;

·    Foundation bearing conditions and footing construction;

·    Installation of sub-soil drainage; and

·    Location, type and regularity of further geotechnical investigations and testing.

 

Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

65.       (D4) Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

 

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

66.       (D5) Dilapidation Report The applicant is to provide a dilapidation report of all adjoining structures, properties and any of Council and RMS infrastructure located within the zone of influence of the proposed excavation.

 

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

 

67.       Road Dilapidation Survey: The applicant is prepared a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Mafeking Avenue, Pacific Hwy and Longueville Road adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates.

 

The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

68.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, 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.  

 

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

 

70.       (A10) Boundary Levels: The levels of the street alignment 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. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

71.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $50,000.00 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.

 

72.       (K1) Council Construction Requirements:  The applicant shall construct / reconstruct the following:-

 

·    New 1.5m wide footpath to Council’s Satisfaction;

·    New Kerb and Gutter Council’s Satisfaction;

·    Reinstate all adjustments to the road surface to Council’s satisfaction; and

·    Reinstate all existing nature-strips with turf and soil to Council’s satisfaction.

 

A $10,000.00 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

73.       (K4) Council Inspection Requirements:  The following items shall require Council inspections:-

 

·    All new footpaths on Council property;

·    New kerb and gutter on Council property;

·    All asphalt adjustments to the roadway; and

·    All the approved stormwater drainage works on Council property.

 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.

 

An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.   

 

74.       (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

 

75.       (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 ‘.The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

76.       (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 Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:-

 

·    be signed by a registered surveyor; and

·    clearly 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.

 

77.       (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.

 

78.       (D6) Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practise.

 

The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

79.       (O2) Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the PROPERTY PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

Landscaping Conditions

 

80.       Detailed landscape documents for construction are to be prepared by a qualified landscape architect, environmental designer or horticulturist and submitted to the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.  The detailed landscape drawings are to include plans, sections, construction details, and specifications as necessary for the implementation of the landscape works, including any pavements, landscape structures, soil profiles and soil preparations, planting works, and maintenance schedule, and are to comply in all respects with the conditions of the development consent. The plans and specifications are to be certified by the author as meeting the requirements of the conditions of consent.

 

81.       Ground covers and low shrubs are to be planted at appropriate numbers, densities and depths so to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

82.       Provision must be made for on-structure landscaping to have adequate soil depth, volume and suitable soil profile to support the number of trees and shrubs indicated on the plans 13/407-409 inclusive prepared by iScape Landscape Architecture.  Provisions to comply with 3.20 Planting on structure of Lane Cove Development Control Plan 2009, Part C.

 

83.       All landscape works is to be completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

MATTERS TO BE SATISFIED PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

 

84.       A qualified practicing landscape architect, Landscape / environmental designer or horticulturist, is to certify that the proposed subsoil drainage and any associated waterproofing membrane, have been installed in accordance with the details shown on the landscape working drawings and specification. Works are not to progress until the principal certifying authority has confirmed that this condition has been satisfied.

 

85.       A landscape practical completion report is to be prepared by a consultant landscape architect and submitted to the Principal Certifying Authority within 7 working days of the date of practical completion of all landscape works. This report is to certify that all landscape works have been completed in accordance with the approved landscape working drawings. A copy of this report is to accompany a request for the issue of an Occupation Certificate

 

86.       Prior to the issue an Occupation Certificate, the applicant / developer is to submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from date of issue.

 

87.       At the completion of the landscape maintenance period, the consultant landscape architect/ designer is to submit a report to the Principal Certifying Authority, certifying that all plant material has been successfully established and that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Strata Managers /Owners/ Occupiers.

 

Waste Management Conditions

 

88.       Clearance Height

Minimum clearance height for the car park entry must be 2.6 metres or higher. The 2.6 metre clearance must be maintained throughout the basement car park.

 

89.       Bulky Goods Storage Room

The bulky goods storage room must be designed to have a minimum 30m2 floor area, and door(s) to the bulky goods storage room must have a minimum opening of 1700 mms.

 

90.       Garbage Chute Room

Each garbage chute room must be designed to compile with Appendix F of Part Q of Lane Cove DCP. Each garbage chute room must be able to accommodate 2 x 240L recycling bins.

 

91.       Communal Composting/Worm Farming

An area of minimum 1 x 2 metres must be allocated on the landscape plan for the purpose of communal composting or worm farming.

 

92.       Waste Bin Allocation

Total number of Mobile Wheelie Bins provided to the development will be:-

 

Waste              10 x 240L Red Lidded;

Paper               6 X 240L Yellow Lidded; and

Container         6 x 240L Blue Lidded.

 

Traffic Management Conditions

 

93.       A provision of 95 car spaces including 13 disabled car spaces must be provided on site for the proposed development.

 

94.       The car park layout must be constructed in accordance with the relevant provisions of AS/NZS 2890.1:2004 Parking facilities – Part 1: Off-street car parking and 2890.6:2009 Parking facilities – Part 6: Off-street parking for people with disabilities.  Adequate and suitable parking spaces must be provided as per Council’s DCP. 

 

95.       Disabled parking spaces must comply with AS 2890.6.

 

96.       All bicycle parking facilities must comply with AS 2890.3.

 

97.       Short-term bicycle parking facilities (racks) without direct surveillance must be located in well-lit and highly visible places to achieve a reasonable level of security.

 

98.       If access to the basement car park is controlled by means of a security gate or other similar entry device, an intercom system at the entry to the car park must be provided to allow visitor access.

 

99.       All vehicle manoeuvres required on site should meet Australian standards (AS 2890 series).

 

100.     All ramp grades and width to/from and within the development should meet Australian standards (AS 2890 series).

 

101.     Head room clearance must meet Australian standards (AS 2890 series) and particularly Council’s DCP Part Q in relation to Council’s Waste Collection vehicle.

 

102.     The combined vehicle access must meet relevant standards (AS 2890 series) with regards to width, sight distances, kerb splays, queuing and signposting.

 

103.     The waste collection / loading area on Basement Level 2 must comply with the Service Bay dimensions for SRV vehicle class (3.5m x 6.4m; 3.5m vertical clearance) as per AS 2890.2.

 

104.     A Construction Traffic Management Plan (CTMP) must be approved by Lane Cove Council’s Traffic and Transport Section (LCCTraffic@lanecove.nsw.gov.au) prior to the issue of the Construction Certificate. It must consider the traffic and road safety impacts of the construction works on the local area and the means proposed to manage construction works to minimise such impacts. It must also include relevant Traffic Control Plans (TCPs) produced by an RMS-accredited red or orange card holder.

 

105.     A Work Zone application must be submitted six weeks prior to construction or demolition activity commencing to enable review by the Local Traffic Committee.  No demolition or construction activity can commence on site until the appropriate Work Zone fees have been paid and Work Zone signs erected by Council.

 

Road and Maritime Services’ Conditions

 

106.     All redundant driveway crossings are to be removed with footpath, kerb and gutter to be reinstated.

 

Details of these requirements should be obtained from RMS’s Project Services Manager, Traffic Projects Section, Parramatta (telephone 8849 2496).

 

Detailed design plans of the removal of the gutter crossing are to be submitted to RMS for approval prior to the commencement of any road works.

 

A plan checking fee (amount to be advised) and lodgment of a performance bond may be required from the applicant prior to the release for the approved road design plan by RMS.

 

107.     A construction vehicle route must be provided in the Construction Management Plan taking into consideration the school zones along the route.  Due to the high volume of traffic on Pacific Highway and Longueville Road, permitting the movement of construction vehicles during peak periods is deemed unacceptable given the existing congestion during peak times.

 

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

 

109.     The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS.  In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement. 

 

110.     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.

 

111.     The proposed development should be designed such that traffic noise from adjacent public roads is mitigated by durable materials and comply with requirements of Clause 102 – (impact of road noise or vibration on non-road development) of State Environmental Planning Policy (Infrastructure) 2007.

 

112.     Should the post development storm water discharge from the subject site into the RMS system exceed the pre-development discharge, detailed design plans and hydraulic calculations of any changes are to be submitted to the RMS for approval, prior to the commencement of works.

 

Details should be forwarded to:-

 

Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

 

113.     The developer is to submit design drawings and documents relating to the excavation of the site and support structures to RMS for assessment, in accordance with Technical Direction GTD2012/001.

 

The developer is to submit all documentation at least six (6) weeks prior to the commencement of construction and is to meet the full cost of the assessment by RMS.

 

The report and any enquiries should be forwarded to:-

 

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2131.

 

Telephone 8848 2114

Fax 8849 2766

 

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days notice of the intention to excavate below the base of the footings.  The notice is to include complete details of the work.

 

114.     Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

 

115.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RMS.

 

Advisory Note

 

The Traffic Impact Assessment Section 3.1 states both Pacific Highway and Longueville Road have “No Stopping” restrictions along its length during the AM and PM peak periods.  It should be noted that these roads have AM and PM peak clearways and bus lanes with sections of the road with “No Stopping”.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Original development application report to IHAP 3 December 2013

23 Pages

AT‑2 View

Supplementary report to IHAP 4 February 2014

6 Pages

 

AT‑3 View

SEPP 65 report to amended plans for 9 Mafeking Avenue

3 Pages