Independent Hearing and Assessment Panel Meeting
6 May 2014, 5:00pm
PRESENT: Hon David Lloyd, Chair, Kara Krason, Planning Expert, Steve Fermio, Environmental Expert, Mary Rawlings, Community Representative
ALSO PRESENT: Michael Mason, Executive Manager, Environmental Services, Rajiv Shankar, Manager, Development Assessment, Stan Raymont, Town Planner, Peter Walker, Town Planner
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application DA136/13 for alterations & additions to an existing dwelling house & new swimming pool on Lot E DP 15678 also known as 47 Barwon Road, Lane Cove West for the following reasons:-
1. The proposal, which includes the removal of two mature trees in good health, does not satisfy Clause 1.2, Aims of Plan of the Lane Cove LEP 2009.
2. The proposal does not meet the objectives of the R2 - Low Density Residential zone, of the Lane Cove LEP 2009.
3. The proposal does not satisfy Lane Cove Development Control Plan 2009, Part C Residential Development 1.1 ‘Objectives for Dwelling Houses & Dual Occupancies.’
4. The proposal does not comply with Lane Cove Development Control Plan 2009, Part C Residential Development, 1.5 ‘Landscaped Area’, as the proposed development is 43m² deficient in the minimum amount of landscaping required.
5. The proposal does not comply with Lane Cove Development Control Plan 2009, Part J, Clauses J.2 - Tree Preservation and Landscape Guidelines, and, J.3 - Preservation of Significant Trees, as the loss of the two Red Bloodwood trees will impact the locality as they are remnant trees and significantly contribute to the locality.
6. The proposed enclosed storeroom within the carport does not satisfy Lane Cove Development Control Plan 2009, Part C Residential Development, 1.2 Streetscape objectives and impacts the streetscape and is trafficable.
For the decision was Hon David Lloyd, Steve Fermio, Eugene Sarich
Against the decision was Kara Krason, Mary Rawlings
The Chairman exercised his casting vote and the decision was carried
That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, Development Application D134/13 for the partial demolition of an existing dwelling house and the construction of a new multi level masonry, tiled roof dwelling house with the retention of the existing swimming pool at 18 Myee Crescent Lane Cove West be refused because of the following reasons:-
1. The proposal exceeds the floor space ratio requirements as indicated in Clause 4.4 of the Lane Cove Local Environmental Plan 2009 and the Floor Space Ratio Map;
2. The proposal does not meet with the maximum wall height control of 7 m as indicated in Part C Sub Clause 1.7.1 (a) of the Lane Cove Development Control Plan 2009;
3. The subfloor height to the car parking and the covered open space adjoining the swimming pool exceeds the maximum height of 1.0 m as indicated in Part C Sub Clause 1.7.1 (b) of the Lane Cove Development Control Plan 2009;
4. The building is considered to be a three storey building when viewed from the adjoining residential properties and is in conflict with Part C Sub Clause 1.7.1 (e) of the Lane Cove Development Control Plan 2009;
5. The proposal does not meet with the objectives as indicated in Part C of Clause 1.7 Building Design in that the proposal does not “ Ensure new dwellings and alterations and additions to existing dwellings reinforce the typical bulk and scale of existing dwellings within the street and the area”;
6. The proposal has a direct impact on the existing views afforded to number 5 Myee Crescent as there is a direct loss of water views to the Lane Cove River and fails to meet with the objectives of Part B4 and Part C of Clause 1.7 (4) loss of views and amenity; and
7. Approval of the proposal would not be in the Public Interest.
The Panel voted unanimously to refuse the application.
That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent to Development Application D15/14 for the demolition of the existing dwelling house and the construction of a dwelling house on Lot 2, DP 721657 and known as 3 O’Connell Street, Greenwich subject to the following conditions:-
1. (20) That the development be strictly in accordance with drawing number 2013:1096-A-00-A, A-01-A, A-02-B, A-03-B, A-04-B, A-05-C, A-06-C, A-07-C, A-08-C, A-09-C, A-10-C, A-11-C dated Aug. 13 by D-Studio; LA01-C and LA-02-C dated 7.02.2014 by Taylor Brammer; and 2013-0398-HDA01/P1, HDA02/P1, HDA03/P1, HDA04/P1 and the additional plan annexed hereto dated Jan 2014 by Whipps-Wood Consulting Engineers as varied by these conditions.
2.. A 1.7m high above the deck solid privacy screen being provided to the southern side of the proposed deck at the rear of the second storey family room. Plans being altered to comply prior to the issue of a Construction Certificate.
4. As the property is located in the Greenwich Conservation Area, the proposed front fence which does not comply with Council’s Fence Policy being deleted from the plans, and to comply with the recommendations of Council’s Consultant Heritage Adviser, the retention of the existing sandstone walls located on both sides of the driveway access on the street frontage. Plans being altered to comply prior to the issue of a Construction Certificate.
5. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
6. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
7. (137) Lane Cove Council charges a fee of $36 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.
8. (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.
The consent authority or a private accredited certifier must:-
· Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
9. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.
10. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
11. (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.
12. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.
13. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.
14. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.
Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.
15. (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.
16. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
17. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) The pier holes/pads before filling with concrete;
b) All reinforcement prior to filling with concrete;
c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;
d) Framework including roof and floor members when completed and prior to covering;
e) Installation of steel beams and columns prior to covering;
f) Waterproofing of wet areas;
g) Stormwater drainage lines prior to backfilling; and
18. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
a) Retaining walls;
c) Reinforced concrete work;
d) Structural steelwork; and
e) Upper level floor framing.
19. (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED. Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.
20. (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.
21. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.
(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; and
(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.
23. (72) The demolition works being confined within the boundaries of the site.
24. (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.
25. (74) All demolition works being completed within a period of three (3) months from the date of commencement.
26. (75) Use of explosives is not permitted.
27. (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.
28. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.
29. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.
30. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.
31. (130) Compliance with the Waste Management Plan submitted with this application.
32. (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 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.
33. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.
Tree Protection Conditions
34. (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.
35. (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.
36. (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.
37. (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.
38. (317) The Firewheel tree standing in the rear yard shall be retained and protected for the duration of the development. A 1.8 metre high chain mesh fence shall be erected a radial distance of not less than 2.4 metres from the trunk of the this tree. 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.
39. (new) A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.
40. (new) All tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORKS. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development.
41. (new) The submitted Landscape Plan by Taylor Brammer Landscape Architects dated 15/01/2014 is to the satisfaction of Council and must be adopted as part of the development consent. All Landscape works must be completed prior to ISSUE OF ANY OCCUPATION CERTIFICATE.
42. (new) The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.
43. (new) Screen planting adjacent to the north side boundary line must of such a species that they may be maintained at a mature height of no more than 4 m from soil level. The foliage of these screen plants shall be maintained at a height of 4 m by ongoing and continuous pruning annually or more frequently as required.
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 “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 hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.
47. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.
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. (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.
53. (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.
§ 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.
§ 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
54. (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 2013-0398 prepared by Whipps Wood Consulting Engineers dated Jan 2014. 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.
55. (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.
56. (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.
The applicant shall:-
(a) seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties;
(b) detail what measures are to be taken to protect those properties from undermining during construction; and
(c) provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties.
The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.
(d) Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.
A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.
All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.
57. (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 shall be determined by Council.
58. (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.
59. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2500.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.
Engineering Condition to be Complied With Prior to Commencement of Construction
60. (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 shall be maintained during the construction period and replaced when necessary.
Engineering Condition to be Complied with Prior to Occupation Certificate
61. (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.
62. (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.
63. The overall height of the building over the family room being reduced by 300mm. Plans being altered to comply PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
64. The length of the proposed rear wing being reduced by a minimum of 1.5 metres. Plans being altered to comply PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
The Panel voted unanimously to approve the application.
The meeting closed at 7pm.
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