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Minutes

Independent Hearing and Assessment Panel Meeting

1 April 2014, 5:00pm


Independent Hearing and Assessment Panel 1 April 2014

Minutes

 

 

 

PRESENT:                 The Hon David Lloyd, Chairperson, Mr Kevin Hoffman, Planning Expert, Mr David Johnson, Environmental Expert, Ms Maria Linders, Community representative

 

ALSO PRESENT:      Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Mrs K Wellfare, Town Planner, Ms M Li, Senior Town Planner

 

WEBCASTING OF COUNCIL MEETING

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

 

Independent Hearing and Assessment Panel Reports

 

Lloyd Rees Drive, Lane Cove West

 

DETERMINATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing & Assessment Panel 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'.

 

 

 

 

 

9 Mafeking Avenue, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing & Assessment Panel grants a 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:-

 

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

 

(b)  The study’s shall not be used as bedrooms and a minimum opening of 1.5m must be provided to the studys 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.

 

12A.     Critical concrete pours

 

The applicant may undertake critical concrete pours outside of normal working hours provided all of the following requirements are satisfied:

 

·                     the submission, at least seven (7) working days prior to the critical concrete pour, to Council of an application, including a fee, in the form approved by Council, that includes a written statement of intention to undertake a critical concrete pour and that also contains details of the critical concrete pour, the number of such pours required, their likely time duration, and how foreseeable impacts will be addressed;

 

·                     adjoining and nearby affected residents being notified in writing at least two (2) working days prior to the pour, and a copy of this notice to be provided to Council for review prior to issue;

·                     no pour extending after 10pm; and

·                     no pour occurring on a Sunday or any Public Holiday.

 

All other relevant requirements relating to critical concrete pours that are the subject of other conditions of this development consent remain relevant at all times.

 

Following any critical concrete pour, the applicant must advise Council in writing by no later than seven (7) working days after the completion of the pour, what measures were actually undertaken by the applicant with a view to minimizing any potential adverse impacts as a result of the pour, including but not limited to impacts with respect to noise, light spillage, and the positioning of the required vehicle(s), so that all related matters can be reviewed and any potential adverse events and/or impacts addressed in future critical concrete pours.

 

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 and any other mechanical equipment 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.       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 approved landscape plans in Condition 1.  Provisions to comply with 1.10 - Planting on structure of Lane Cove Development Control Plan, Part J.

 

83.       All landscape works are 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. If there is any resultant shortfall in the minimum requirement for car parking there is to be a contribution to the Council in accordance with its S94 contribution plan.

 

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 lodgement 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 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. 

 

108.     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. 

 

109.     All construction activity associated with the proposed development is to be contained on site as no construction zones will be permitted on Pacific Highway in the vicinity of the site.

 

110.     A Road Occupancy License should be obtained from TMC for any works that may impact on traffic flows on Pacific Highway during construction activities. 

 

111.     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.

 

112.     The proposed development should be designed such that traffic noise from adjacent public roads is mitigated by durable materials, in accordance with EPA criteria for new land use developments (The Environmental Criteria for Road Traffic Noise, May 1999).  The RMS’s Environmental Noise Management Manual provides practical advice in selecting noise mitigation treatments. 

 

113.     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

 

114.     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.

 

115.     Prior to the approval by RMS of design and commencement of construction the proponent to provide adequate geotechnical design review to assure that the tunnel infrastructure is not affected by the proposed works, including but not limited to:

-           Potential impact of excavations (stress relief within rock stratum) on the tunnels

-           Potential impacts of temporary shoring loads and grouting operations on the tunnel.  In addition any temporary anchors within the stratum should be distressed and disconnected from their permanent structures (but note that we will not normally permit such anchors within stratum).

-           Potential impacts of foundation loads on the tunnel and do they comply with any predefined limits set by the original

-           Potential impacts of vibration caused by construction methodologies, which can impact upon shotcrete adhesion

-           Potential impacts on water tables

-           What initial inspection, ongoing monitoring, and final inspection and report is required in the tunnels to validate all of the above

 

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

 

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

 

118.     Documentary evidence demonstrating a detailed analysis of the proposed development has been prepared and approved by the RMS demonstrating that there will be no adverse effects on their infrastructure as a result of this development must be submitted to Council prior to the issue of a Construction Certificate.

 

 

 

 

 

 

The meeting closed at 6.30pm

 

 

 

CHAIRPERSON

 

 

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