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Agenda

Independent Hearing and Assessment Panel Meeting

3 June 2014, 5:00pm

Please note a site inspection will be held at 3pm for panel members only

 

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Tuesday 3 June 2014 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

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

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

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

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

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

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

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

 

 


Independent Hearing and Assessment Panel 3 June 2014

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 6 MAY 2014

 

 

 

Independent Hearing and Assessment Panel Reports

 

2.       124 Greenwich Road, Greenwich

 

3.       9 Richardson Street, Lane Cove

 

4.       304-314 Burns Bay Road, Lane Cove

 

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 3 June 2014

124 Greenwich Road, Greenwich

 

 

Subject:          124 Greenwich Road, Greenwich    

Record No:    DA14/1-01 - 26665/14

Division:         Environmental Services Division

Author(s):      Kristy Wellfare 

 

 

Property:                     124 Greenwich Road, Greenwich

 

DA No:                                    DA14/1           

 

Date Lodged:              7 January 2014

 

Cost of Work:              $75000

 

Owner:                                    Shell Oil Company of Australia Ltd

 

Applicant:                    Shell Oil Company of Australia Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Installation of four (4) acoustic enclosures around existing equipment

ZONE

IN4 – Working Waterfront

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

The site contains two items of archaeological heritage, being Fells Shale Oil Refinery and the Shell Installation (Items A1 and A2)

IS THE PROPERTY WITHIN A CONSERVATION AREA?

Yes 

IS THE PROPERTY ADJACENT TO BUSHLAND?

Yes

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   106-112, 126-128A, 157-183, 205, and 221-225 Greenwich Road, 1-4 Landenburg Place, 43-49 and 46-52 Chisholm Street, 1-29 and 2-8 Manns Avenue, 1-17 and 4-12 George Street, 2 Alfred Street, 1-9 and 2-18 Victoria Street

Ward Councillors        East Ward

Progress Association  Greenwich Community Association

Other Interest Groups Nil

 

REASON FOR REFERRAL

 

This development application is referred to the Independent Hearing and Assessment Panel for determination given that these works were not included in the State Significant Application being considered by the Department of Planning.

 


EXECUTIVE SUMMARY

 

The site is known as the Shell Gore Bay Terminal and the proposal involves the installation of four acoustic enclosures around existing equipment at two separate locations within the site.  Objections were received from two properties. The concerns raised included concerns regarding whether the development should be considered as part of the State Significant Development Application (SSD application) submitted to the Department of Planning and Infrastructure given the perceived link between the expanded operations and the requirement for noise attenuation. The matter of the State Significant Development (SSD) application currently before the Department of Planning (SSD-5148) was discussed with the assessing officer. It was verbally advised that the matter of the installation of acoustic enclosures the subject of this development application may be considered separately to the consideration of the SSD application. The proposal was referred to the Environmental Protection Authority (EPA) who provided General Terms of Approval, which have been included as draft conditions. The proposal is recommended for approval, subject to the draft conditions as recommended.

 

SITE

 

The site is an irregular shaped site, totalling approximately 9 hectares in area, located on the eastern side of Greenwich Road between Chisholm Street and Prospect Street. The site is comprised of many discrete allotments, being:-

 

·     Lot 1-3 in DP3907

·     Lot 1-9 in DP4830

·     Lot 1 in DP 528574

·     Lots 185, 326, 464, 831, 963, 964, 971, 972, 1202 & 1204 in DP 752067

·     Lot 1 in DP 183435

·     Lot 1 in DP 229766

·     Lot 1 in DP 919597

·     Lot 1 in DP 944928

·     Lot 1 in DP 944930,

 

Existing development on the site consists of the Shell Oil Company of Australia Gore Bay Terminal. Prior to September 2012, the terminal provided crude oil for Shell Australia’s Clyde Refinery, Rosehill, via an underground pipeline. The current use of the site involves the provision of refined product to the Clyde distribution facility.

 

Existing development on adjoining sites consists of residential dwellings and dwelling houses fronting Greenwich Road, Landenburg Place, Chisholm Street, George Street, Prospect Street, East Street, Victoria Street, Gother Avenue and Manns Avenue. To the south of the site is Manns Point Park, owned by Lane Cove Council.

 

The site contains listed archaeological heritage items, being Fells Shale Oil Refinery and the Shell Installation, Items A1 and A2. The subject site and neighbouring dwelling houses to the south are located within C1 - Greenwich Conservation Area.  The site is immediately to the south of a group of listed heritage items, being the dwelling houses at 48-52 Chisholm Street (Items I36, I37 and I38), shares its boundary along the East Street and Prospect Street frontages with the listed Streetscape elements (Item I64) and is located to the east of the listed dwelling houses at 2 and 10-14 Victoria Street (Items I139, I142, I143, & I144), separated from these items by East Street to the rear of the properties.

 

The northern portion of the site is located within bushfire prone lands as identified in the NSW RFS Bushfire Prone Lands Map.  Site Plans and Notification Plans attached (AT-1 and AT-2).

 

 

PROPOSAL

 

The applicant commissioned a Noise & Vibration Impact Assessment that was carried out by Aecom in 2013 which identified four (4) on-site noise sources that would benefit from attenuation as follows:

 

The Jet Fuel Booster Pump located at the north end of the site adjacent Tank No 6011

The Hotwell, Air Compressors, and Boiler Blow Down Vessel, located below Tanks No. 6016 and 60170n the southern side of the Boiler House building.

 

The applicant seeks consent for the installation of acoustic enclosures to provide noise attenuation to these identified noise sources in accordance with the Noise & Vibration Impact Assessment.

 

PREVIOUS APPROVALS/HISTORY

 

DA12/12:         Replacement of the existing metal boundary fence. Approved 12.3.2012

DA03/399:       Install Emergency boomgate and signage. Approved 8.11.2004

 

Roads and Maritime Services Development Applications

 

RMS DA14/2: Installation of a marine loading arm with an associated access platform extension and an additional berthing fender to an existing commercial port facility in Gore Cove abutting 124 Greenwich Rd Greenwich. Approved 10 March 2014.

 

Department of Planning and Infrastructure

 

SSD-5148:      Modification of the Gore bay Terminal for continued use as a finished products terminal. Development may include refurbishment of existing tanks and tank reallocation. Overall scope of site operations will remain unchanged.  The Director General Requirements Issued 16.03.2012

 

PROPOSAL DATA/POLICY COMPLIANCE

 

The proposal does not seek to alter the numerical compliance of the site in accordance with the provisions of the Lane Cove Local Environmental Plan 2009 or Development Control Plan.

 

INTEGRATED DEVELOPMENT REFERRALS

 

Environment Protection Authority

 

The proposal was referred to the Environmental Protection Authority (EPA) under Section 91 of the Environmental Planning and Assessment Act 1979 and the Protection of the Environment Operations Act 1997. The EPA reviewed the information provided regarding the proposal and provided comments issued pursuant to Section 91A(2) Environmental Planning and Assessment Act 1979 and General Terms of Approval, which have been included as draft conditions in the recommendation of this report (draft conditions 2 and 3) . The EPA’s advice letter has also been included as an attachment to this report (AT -3).

 

In relation to matters regulated by the licence under the Protection of the Environment Operations Act 1997(POEO Act), the EPA has reviewed the information provided and has determined that it would be able to issue a variation to the existing licence for the proposed development subject to draft conditions. It is noted that a separate application must be made to the EPA to vary the existing license to accommodate the proposed work. The general matters for consideration provided by the EPA have been amended to form draft conditions and have been included in the recommendation of this report (draft conditions 4 to 6 inclusive).

 

In its advice the EPA acknowledges that whilst the development would increase noise output from the site temporarily, the comparatively short duration and long-term benefit realised by these structures results in the development being considered, on balance, to be acceptable.

 

Comment

 

A copy of public submissions received and the IHAP agenda, including the proposed draft conditions, shall be provided to the EPA prior to the meeting as per their written request. It is noted that the hours of operation provided by the EPA advice differ from those hours normally permitted by Lane Cove Council. Any inconsistencies in this regard have been reconciled by identifying the circumstances that would result in the lesser amenity impact to the neighbouring residents.

 

REFERRALS

 

Manager Urban Design and Assets

 

The proposal was referred to Council’s Development Engineer for comment. Council’s Development Engineer raised no concerns regarding the installation of the proposed noise mitigation enclosures, subject to the imposition of appropriate draft conditions. These draft conditions have been included in the recommendation of this report (draft conditions 23 to 30).

 

Building Surveyor

 

The proposal was referred to Council’s Senior Building Surveyor for comment who identified the proposed structures as being Class 10b structures in accordance with the Building Code of Australia and advised that there are no building related objections to the proposed noise mitigation enclosures with respect to compliance with the National Construction Code (BCA) 2013. Council’s Senior Building Surveyor provided several standard conditions (draft conditions 7-12) which have been included in the recommendation of this report. Subject to the draft conditions as recommended, the proposal is considered to be acceptable in this regard.

 

Environmental Health

 

The proposal was referred to Council’s Manager, Environmental Health, for comment. Following on from the Integrated Development referral to the Environment Protection Authority, the following comments were provided:

 

·     In accordance with General Terms of Approval Issued by the NSW Environment Protection Authority – Notice No.1521000 dated 31 March 2014, all works are to be undertaken in accordance with Attachment A – General Terms of Approval and Attachment B – General Matters for Consideration.

·     Upon completion of all works, a verification certificate from an appropriately qualified acoustic consultant is to be submitted to Council in writing, to determine if that the acoustic enclosures have achieved the predicted attenuation levels. The report is to also address the need for further attenuation works if satisfactory noise reduction has not been achieved.

 

Comment

 

The General Terms of Approval Issued by the NSW Environment Protection Authority have been included in the recommendation of this report as draft conditions. The additional requirement for a verification certificate has also been included in the recommendation of this report as a draft condition (draft condition 19) in addition to several standard conditions recommended as recommended by Council’s Manager, Environmental Health (draft conditions 20-22). Subject to the draft conditions as recommended, the proposal is considered to be acceptable in this regard.

 

Heritage

 

An assessment of the potential impacts of the proposal on the heritage value of the site was undertaken by the assessing officer. The site is listed as containing two items of archaeological heritage, being Fells Shale Oil Refinery and the Shell Installation. Council’s Heritage Inventory entry for these items does not contain a statement of significance, however in the 2012 Heritage Impact Statement prepared by Godden Mackay Logan, the following statement of significance for the site was provided:-

 

The Gore Bay terminal is significant for its association with the establishment of the oil industry in Australia and important companies Shell Australia and John Fell and Company. The site may contain significant industrial archaeological relics. The industrial aesthetic and use of the site, which is distinguished against mixed residential settlement, contributes to the character and historic layering of the Greenwich Conservation Area.

 

The 1989 heritage inventory sheets nominate the reasons for listing of the two items as being the primary site associated with one of the leading shale oil companies in Australia (Fells) and an importance Australian Fuel producer (Shell). Both listings note that the sites may contain valuable industrial archaeological relics. While these inventory entries, derived from the 1989 Heritage Study, note some likelihood that early industrial archaeological relics remain on the site, no formal archaeological investigations or assessments have been prepared to ascertain where the archaeology may be located. The proposed works are located at four positions on the site, all of which have been capped in concrete and the proposed works do not seek to disturb this capping other than to affix the proposed enclosures to their intended locations. Given the location of the proposed works away from the items of archaeological heritage on the site and the extent of the works proposed, an archaeological assessment is not considered to be required in this instance. This requirement should be reconsidered for any future works in the vicinity of the listed archaeological items.

 

Heritage Items in the Vicinity of the Site

 

The site shares its northern boundary with the listed dwelling houses at 48-52 Chisholm Street (Items I36, I37 and I38), shares its boundary along the East Street and Prospect Street frontages with the listed Streetscape elements (Item I64) and is located to the east of the listed dwelling houses at 2 and 10-14 Victoria Street (Items I139, I142, I143, & I144). These dwelling houses are listed for their contribution to the evolution of the built form of Greenwich over time and the streetscape elements are listed as surviving examples of early suburban street planning incorporating the natural land form. The proposed works are located away from the boundaries of the site and are not visible from these items. The proposed acoustic enclosures would not impact upon the heritage value of these nearby heritage items.

 

Conclusion

 

Whilst the equipment around which the proposed acoustic enclosures are to be constructed contribute to the industrial nature of the development, these are not considered to be intrinsic to the heritage significance of the Shell Gore Bay Terminal, and as such the proposed works would have minimal heritage impact on the site. The works would result in slight visual impact on the views of the site from the harbour, however in the context of the wider development on the site these impacts would be minimal and seek to lessen the impact of the use on the site on the amenity of the nearby residential dwellings.  The proposal is considered to be acceptable on heritage grounds.

 

Rural Fire Service

 

The site is located within the bushfire prone lands buffer zone as identified in the maps provided by the NSW Rural Fire Service. In accordance with Section 79BA of the Environmental Planning and Assessment Act 1979, the proposal was not referred to the New South Wales Rural Fire Service for comment as it was accompanied by a Bushfire Report from an accredited consultant establishing the Bushfire Attack Level of the property.

 

It is noted that only the jet booster pump is located within the bushfire prone lands buffer zone on the site. The report accompanying this development application assessed the bushfire risk for the proposed acoustic enclosure of the Jet Booster Pump at BAL12.5, and provided recommendations for the resulting development. The recommendation for construction level in accordance with Planning for Bushfire Protection 2006 (BAL12.5) has been included as a draft condition in the recommendation of this report. The proposal, as recommended is considered to be acceptable in this regard.

 

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

 

In accordance with LEP2009, the site is zoned IN4 Working Waterfront, with a maximum floor space ratio of 1:1 and a maximum height of 9.5 metres.  The proposal is for the construction of acoustic enclosures around existing equipment associated with the use of the site as heavy industrial storage establishment, a type of heavy industry. Heavy industry is listed as a satisfactory land use in the IN4 zone in accordance with the Land Use Table within LEP2009. The proposal has been assessed under the relevant provisions of LEP2009, and is neither contrary to the aims of the Plan, nor the aims, objectives and controls relating to the IN4 Working Waterfront zone. In particular, the proposal accords with the objectives of the zone in that it seeks to minimise the adverse noise effect of development on land uses in other zones. The proposal is therefore considered to be satisfactory.

 

As the property contains two listed heritage items, is adjacent to eight (8) nearby listed items of built heritage, and is located within C1 – Greenwich Point Conservation Area, the proposal has been considered having particular regard to the Heritage Conservation provisions of Clause 5.10 of the LEP. The proposal is considered to accord with the objectives of the Clause, and would not result in any undue impact on the heritage significance of the archaeological heritage items, the nearby heritage items, or the Greenwich Point Conservation Area. The proposal is therefore considered to be satisfactory.

 

Lane Cove DEVELOPMENT CONTROL Plan

 

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

 

Part B 9.0 - Heritage

 

The site contains two listed archaeological heritage items (Items A1 and A2), and shares its boundaries with several listed built heritage items. The proposal has been considered having regard to the provisions of Part B9.0 of the DCP, and is satisfactory. The following is noted:-

 

·    The proposed acoustic enclosures are removed from the two sites of archaeological heritage on the site and do not physically interact with these items;

·    The proposed acoustic enclosures are physically removed from the areas of archaeological significance on the site;

·    A Conservation Management Plan and/or Specific Element Conservation Policy (SECP) was not required to be submitted for the item; and

·    The heritage value of adjoining and adjacent heritage items is unlikely to be unduly affected by the proposed works due to the distance from the locations of the proposed works to the site boundaries and nearby heritage items.

 

 

Part E – Industrial Development

 

The proposal has been considered having regard to the objectives within Part E2 of the Lane Cove Development Control Plan 2010. The proposed development is not visible from the street, minor in scale, ancillary to the use of the site, and seeks to lessen the noise impact of that use on the surrounding residential properties. The use of the site is not proposed to be altered as part of this application.  The proposal does not seek to alter any existing buildings on the site, or the existing parking, landscaping, or fencing on the site. The proposal is not considered to be contrary to the objectives contained within Part E2 of the Lane Cove DCP. The proposal raises no concerns regarding the provisions of Part E of the DCP and is considered to be acceptable in this regard.

 

Other Planning Instruments

 

State Environmental Planning Policy No 19 – Bushland in Urban Areas

 

The site shares part of its northern boundary with land which is zoned E2 – Environmental Conservation under Lane Cove LEP 2009. The proposed works are set well away from the bushland zone, with the closest work being approximately 72m from the bushland. It is not considered that the proposal would have any impact on the bushland, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland. Council is satisfied that the proposal is acceptable in this regard and no draft conditions are required to be included in the recommendation of this report.

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, an examination of Council’s computer records and information provided by the applicant indicates a history of industrial development on the site consistent with the historical and ongoing use of the site as a fuel terminal. The proposal does not seek to alter the use of the site to another use and remediation of the site is not proposed as part of this development application. Furthermore, the location of the proposed work is on land which is capped in concrete and the scope of the work proposed in unlikely to breach this capping. As such, the proposal is not considered to be contrary to the provisions of SEPP 55 and is acceptable in this regard.

 

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

 

The site is located within the Foreshores and Waterways Area as defined by the plan, but is not identified on the Zoning map as having any specific zoning under the plan. The site is not identified as a heritage item under the Plan, but is noted as a landmark on the Ecological Communities and Landscape Character maps accompanying the Sydney Harbour Development Control Plan.

 

Part of the site is located adjacent to wetlands protection area as identified by the Plan, and the eastern side of the Greenwich peninsula is noted as Landscape Character Type 11 in the maps accompanying the Sydney Harbour Development Control Plan, however it is noted on the landscape character map (Map 9) that this area has not been mapped and further investigation is required. A site inspection of the property indicated that there is no vegetation in the vicinity of the two locations of the proposed works, and given the minor nature of the scope of the works proposed it is not considered likely that the proposal would to give rise to any undue impact on this area.

 

The proposal has been considered having regard to the statement of character and intent for the Landscape Character Type 11 and the accompanying performance criteria. The proposal is for minor works ancillary to the existing industrial activity on the site and is not considered to be contrary to the applicable provisions.

 

The matters for consideration for development within the Foreshores and Waterways Area in general and Waterfront Industry in particular have been taken into consideration during the assessment of this application and the proposal raises no concerns, subject to the imposition of appropriate draft conditions regarding the finishes of the proposed noise attenuation enclosures. Subject to the draft conditions as recommended, the proposal is considered to be acceptable.

 

APPLICABLE REGULATIONS

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves minor demolition work. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-2001: The demolition of structures.  The matter may be addressed by a condition of consent, which is included in the recommendation of this report.

 

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

 

Nil

 

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

 

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

 

It is unacceptable that this application is considered outside of the expected SSD Application which Shell are about to present to the Department of Planning. The noise attenuation works are part of their INCREASED operations and as such must be assessed as a part of their overall SSD for expanded operations.

 

Comment

 

This matter was discussed with the Department of Planning and Infrastructure’s assessing officer for the SSD application. It was not considered that the current proposal for the installation of acoustic enclosures and the SSD application were inextricably linked. Favourable consideration of this application would not constitute tacit approval of the SSD application and it was considered that these minor works could be determined by Council outside of the SSD process.

 

In light of the advice received today that Shell has lodged the draft EIS for the State Significant Development with the NSW Department of Planning, there is no imperative for the carrying out of early works at the Gore Bay Terminal.

 

Comment

 

The lodgement of the draft EIS is an early stage of the SSD approval process, and the applicant seeks consent to carry out these minor works outside of this process. Council is obliged to consider the application before it and had been advised that it is appropriate to do so by the Department of Planning and Infrastructure.

 

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009, would not result in any adverse impacts for the locality and is not considered to be contrary to the public interest. Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA14/1  for the Installation of four (4) acoustic enclosures around existing equipment on the site comprising Lot 1-3 in DP3907, Lot 1-9 in DP4830, Lot 1 in DP 528574, Lots 185, 326, 464, 831, 963, 964, 971, 972, 1202 & 1204 in DP 752067, Lot 1 in DP 183435, Lot 1 in DP 229766, Lot 1 in DP 919597, Lot 1 in DP 944928, and Lot 1 in DP 944930 and known as 124 Greenwich Road, subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing numbers 13103-DA02 and 13103-DA04, Revision 1, dated 11.11.13, drawing numbers 13103-DA04 and 13103-DA05, Revision 1, dated 15.11.13 and drawing numbers 13103-DA01, 13103-DA03, and 13103-DA06, Revision 2, dated 18.12.13, by TFA Project Group, except as amended by the following conditions.

 

GENERAL TERMS OF APPROVAL - ENVIRONMENT PROTECTION AUTHORITY

 

2.       Environment Protection Licence

 

An application to the EPA for a variation of Shell's current Environment Protection Licence (EPL 661) for the proposed works must be submitted prior to the commencement of any on−site works.

 

3.       Noise Limits

 

For the duration of the construction works undertaken for DA14/1, any work generating high noise impact must only be undertaken:-

 

(a)   where all feasible and reasonable noise mitigation measures are implemented to minimise the emission of noise from these works;

(b)   where residents have been notified of construction works that are likely to affect their noise amenity; and

(c)   where measures to monitor noise performance and respond to complaints have been implemented.

(Note: the noise levels referred to in the EPL condition L6.1 do not apply to the construction works undertaken for DAI4/1)

 

GENERAL MATTERS - ENVIRONMENT PROTECTION AUTHORITY

 

4.       Construction Noise Management Plan

 

A construction noise management plan (CNMP) for the project shall be developed and implemented. The CNMP shall contains the elements identified in the project's noise assessment, including but not limited to: a description of approved construction hours, schedule of construction work and the work that will be undertaken and associated duration; and a description of what work practices and/or noise mitigation measures will be applied to minimise noise.

Further, the CNMP, in addition to including procedures for complaint handling, shall also contain proposed arrangements for consultation with the affected community during construction works.

 

5.       Hours of Construction

 

All construction work at the premises must only be conducted between the hours of 7:00am to 5:30pm Monday to Friday, Saturdays 8:00am to 1:00pm with no construction activities to occur on Sundays and Public Holidays, unless inaudible at any residential premises. This condition does not apply to the delivery of material outside the hours of operation, if that delivery is required by police or other authorities for safety reasons; and/or emergency work to avoid the loss of lives, property and/or to prevent environmental harm.

 

6.       Other Environmental Issues

 

A Construction Environmental Management Plan (CEMP) for the project shall be prepared and implemented. The CEMP shall outline all the environmental management practices, controls and procedures to be followed during construction works associated with the project and detail how the environment performance of the construction works will be monitored, and what actions will be taken to address identified adverse environmental impacts.

 

GENERAL CONDITIONS

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

10.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority upon the completion of the building.

 

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

b)         Completion.

 

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

 

a)         structural steelwork.

 

13.       (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.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

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

 

15.       (140) If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application.

 

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 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.

 

17.       Materials and Finishes

 

Exterior colours should be compatible with the overall landscape character type in which the industry is proposed. In general, buildings and structures should be constructed of materials with non-reflective surfaces

 

18.       Bushfire Prone Lands

 

            Development is to be carried out in accordance with the recommendations of the Bushfire Assessment Report by D. B. Macarthur dated 14.1.14. The construction requirement on all aspects of the noise attenuator to the Jet Booster Pump is required to fulfil the Construction Level for requirements of Planning for Bushfire Protection 2006 is AS 3959−2009 BAL12.5.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

19.       Upon completion of all works, a verification certificate from an appropriately qualified acoustic consultant is to be submitted to Council in writing, to determine if that the acoustic enclosures have achieved the predicted attenuation levels. The report is to also address the need for further attenuation works if satisfactory noise reduction has not been achieved.

 

20.       (442) Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

21.       (447) Noise Monitoring

Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work

 

22.       (465) Storage of Hazardous or Toxic Material

To ensure hazardous and toxic materials are not to become a threat to the environment they must be stored in a bunded area constructed and maintained in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and with Workcover NSW requirements.

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

23.                   (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. 

 

24.      (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.

 

25.      (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.

 

26.      (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.

 

27.      (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.

 

28.      (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’.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

29.      (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

 

30.      (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.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

AT‑3 View

General Terms of Approval from NSW EPA

5 Pages

 

 

 


Independent Hearing and Assessment Panel Meeting 3 June 2014

9 Richardson Street, Lane Cove

 

 

Subject:          9 Richardson Street, Lane Cove    

Record No:    DA14/53-01 - 26761/14

Division:         Environmental Services Division

Author(s):      Stan Raymont 

 

 

Property:                     9 Richardson Street, Lane Cove

 

DA No:                                    D53/14

 

Date Lodged:              29 April 2014

 

Cost of Work:              $15,000

 

Owner:                                    G K B & R F Horn

 

Applicant:                    Ducray Design & Drafting

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of an existing garage/storage area and construction of a storage area

ZONE

R2 (Low Density Residential)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              7, 8, 11 Richardson Street                                                      and 14 Campbell Avenue

Ward Councillors                    East Ward

Progress Association              Osborne Park Residents                                                        Association

Other Interest Groups             -

 

REASON FOR REFERRAL

 

The application is referred to Council’s IHAP Committee due to its unique nature.

 

EXECUTIVE SUMMARY

 

The proposal is to demolish the existing dilapidated garage/store attached to the dwelling house and built up to the eastern boundary, and replace it with a similar structure for use as a store with rendered concrete block walls also built up to the eastern boundary. No objections to the proposal have been received.

 

The proposal complies with the requirements of Council’s DCP 2010 with the exception that the zero setback from the eastern boundary does not comply with the prescriptive standards that requires a 1.2m setback from the side boundary as the proposed store is attached to the dwelling house.

 

Notwithstanding this, the proposed store replaces an existing dilapidated similar garage/store and is considered to comply with the objectives for setbacks as follows:-

 

-     The existing predominant street frontage is maintained;

 

-     The wall of the adjoining dwelling house (7 Richardson Street) is setback 1m from the side boundary with 9 Richardson Street and there are no windows in the area of wall adjoining the proposed storage area;

 

-     The adjoining dwelling house (7 Richardson Street) is located to the east of the proposed storage area and the sunlight to 7 Richardson Street would be unchanged and complies with Council’s 2010 DCP requirements;

 

-     The side setback would be unchanged and is considered adequate to provide building separation, sunlight, landscaping and ventilation for the dwelling house and its neighbours; and

 

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

 

SITE

 

The subject site is located on the northern side of Richardson Street between Osborne Road and Campbell Avenue.  Existing improvements on the site consist of a single storey brick and tile dwelling house with an attached masonry single garage and storage area with a flat roof on the eastern side of the existing dwelling house.  The existing walls of the garage and storage area are shown to come to the eastern boundary.  The existing garage and storage area is in a dilapidated state.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal is to demolish the existing dilapidated garage and storage area and construct a new storage area attached to the dwelling house in the same location.  The external walls are proposed of rendered concrete blockwork with a skillion kliplock roof.  The external walls are shown to be built up to the eastern boundary and the front walls are in line with the setback of the enclosed verandah at the front which is 6.2m.

 

PREVIOUS APPROVALS/HISTORY

 

Council’s records do not indicate any applications on this property.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2

 

Site Area:       561.8m²

 


 

 

Proposed

Control

Complies

Floor Space Ratio

Unchanged

0.5:1

Unchanged

Height of Buildings

Storage Area – 2.75m

9.5m

Yes

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

Unchanged

Consistent with area or 7.5m

Unchanged

Side setback (min)

Storage Area – Zero

1200mm/1500mm

No (existing)

Rear setback (min)

Unchanged

<1000m²: 8m or 25%

Unchanged

Wall Height (max)

Storage Area – 2.75m

7.0m

Yes

Subfloor height (max)

N/A

1m

N/A

Number of Storeys (max)

1

2

Yes

Landscaped area (min)

Unchanged

35%

Unchanged

Solar Access

Unchanged

3 hrs to north-facing windows

Unchanged

Deck/Balcony depth (max)

Unchanged

3m

Unchanged

Private open space

Unchanged

24 m² (min)

4m minimum depth

Unchanged

Cut and fill

N/A

1m (max)

N/A

 

Fences

 

 

Proposed

Control

Complies

Front fence height (max)

N/A

Solid:               900mm

Lightweight:     1.2m

N/A

Setback from front boundary if > 1.2m

N/A

1m

N/A

Side and rear fences

Unchanged

1.8m

Unchanged

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

Unchanged

2

Unchanged

Driveway width

Unchanged

3m at the lot boundary

Unchanged

 

Garages facing the Street

 

 

Proposed

Control

Complies

% of Allotment Width (garages & carports)

Unchanged

50% of lot width or 6m, whichever is the lesser

Unchanged

 

REFERRALS

 

Development Engineer

 

The comments of the Development Engineer were requested on the proposal and draft conditions of consent are provided which are included in the recommendation in this report.

 

Building Surveyor

 

The comments of the Building Surveyor were requested on the proposal and draft conditions of consent are provided which are included in the recommendation in this report.  The conditions include:

 

“A check survey certificate is to be submitted prior to pouring the ground slab and at the final inspection.”

 

Rural Fire Service

 

Slightly over the front half of the premises are located on bushfire prone land as identified in the Bush Fire Risk Management Plan and a Bush Fire Assessment Report has been submitted.  The recommendation in that report is adopted in this report.

 

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

 

The proposal is permissible within the R2 (Low Density Residential) zoning under the Lane Cove LEP with Council’s consent.

 

Other Planning Instruments

 

SEPP No. 55 – Contaminated Land – Clause 7 of the SEPP requires Council to consider whether the land is contaminated.  Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for residential uses would substantially reduce the possibilities of contamination.  Accordingly, there is considered to be no contamination issue given the circumstances of the case.

 

APPLICABLE REGULATIONS

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves some demolition work.  Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-1991):  The Demolition of Structures; as in force July 1993.  The matter may be addressed by a condition of consent and has been addressed by a condition in the recommendation section of this report.

 

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

 

The preceding policy assessment table identifies those controls that the proposal does not comply with.  Each of the departures is discussed below.

 

Side Setbacks

 

Council’s DCP 2010 specifies:-

 

Objectives:

 

The objectives of setbacks are to:-

 

i.          Maintain the predominant street setback;

 

ii.     To enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries; and

 

iii.    Side and rear setbacks are to provide building separation, sunlight, landscaping, ventilation, public views (if appropriate) for the dwelling and its neighbours.

 

Prescriptive Requirements:-

 

a)   Side setbacks are to be a minimum of:-

 

I.    1.2m for a single storey dwelling; and

II.   1.5m for a two storey dwelling.

 

Irregular sites may be considered on their merits.

 

b)   First floor additions are to meet the above setback requirements.  Where it can be demonstrated that there are no unreasonable amenity impacts, additions can maintain the existing setback of the floor below; and

 

c)   A lesser setback may be considered for open carports, garages, verandahs, steps and landings no more than 300mm above ground level (finished), where it can be demonstrated that there will be no unreasonable amenity impacts.

 

Storage Area

 

The existing garage/storage area which is attached to the dwelling house and comes across to the eastern side boundary is in a dilapidated state and is proposed to be demolished.  The proposed storage area replaces the existing garage/storage area, is similar in area and comes across to the eastern boundary.

 

The walls of the proposed garage which would come to the eastern boundary do not comply with the prescriptive setback specified in the Council’s DCP 2010 of 1.2m.  However the proposed storage area is replacing a similar garage/storage area and the proposed setback is considered to comply with the objectives of setbacks as follows:-

 

-     The existing predominant street frontage is maintained;

 

-     The proposed storage area walls which come across to the eastern boundary are in the same location as the garage/storage walls to be demolished and the same side setbacks are provided;

 

-     The wall of the adjoining dwelling house (7 Richardson Street) is setback 1m from the side boundary with 9 Richardson Street and there are no windows in the area of wall adjoining the proposed storage area;

 

-     The adjoining dwelling house (7 Richardson Street) is located to the east of the proposed storage area and the sunlight to 7 Richardson Street would be unchanged and complies with Council’s DCP 2010 requirements; and

 

-     The side setback would be unchanged and is considered adequate to provide building separation, sunlight, landscaping and ventilation for the dwelling house and its neighbours.

 

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

 

No submissions were received in response to the notification of the development application.

 

 

 

 

CONCLUSION

 

The matters in the DOPI Guidelines in relation to Section 79C considerations have been satisfied.

 

The replacement of the existing dilapidated garage/store with its eastern walls on the side boundary with a storage area in the same location is considered satisfactory and would not have any additional adverse impact on the amenity of the adjoining dwelling houses or the streetscape.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application D53/14 for the demolition of the existing garage/storage area and its replacement with a storage area on Lot 2, DP 323556 and known as 9 Richardson Street, Lane Cove subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing number 1, 2 dated 22.4.2014 by Ducray Design and Drafting.

 

2.         As the property is partly on Bushfire Prone Land, the recommendation in the Bushfire    Assessment Report submitted with the application that the proposed storage area have a    BAL – 12.5, be adopted.

 

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.         (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.

 

6.         (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.

 

7.         (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.

 

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

 

9.         (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

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

 

15.       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)         Roof framework when completed and prior to covering;

d)         Stormwater drainage lines prior to backfilling; and

e)         Completion.

 

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

 

a)         Footings; and

b)         Reinforced concrete work.

 

17.       (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.

 

18.       (64) A check survey certificate is to be submitted prior to pouring the ground slab and at final inspection.

 

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.

 

19.       (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.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

20.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

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

 

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.       (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. 

 

25.       (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.

 

26.       (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.

 

27.       (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.

 

28.       (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.

 

29.       (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’.

 

30.       (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.

 

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

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

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

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and 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.

 

33.       (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.

 

34.       (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.

 

35.       (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.

 

36.       (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

 

37.       (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

 

38.       (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment    control devices prior to the start of any works on the site. The devices are to be installed in            accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control    plan’ [OR] ‘(C1) Soil and Water Management Plan’. The devices shall be maintained during     the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

39.       (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.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


Independent Hearing and Assessment Panel Meeting 3 June 2014

304-314 Burns Bay Road, Lane Cove

 

 

Subject:          304-314 Burns Bay Road, Lane Cove    

Record No:    DA14/55-01 - 26123/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                     304-314 Burns Bay Road, Lane Cove

 

DA No:                                    DA 14/55

 

Date Lodged:              29 April 2014

 

Cost of Work:              $1,233,819.00

 

Owner:                                    Lane Cove Council 

 

Applicant:                    Lane Cove Council

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a community facility building to be used for general community activities and a music rehearsals.

ZONE

R4 & RE1.  Community facilities are permitted within both zones.  The proposed building is located within RE1 – Public Recreation zone. 

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No.  However, the front portion of the site facing Burns Bay Road is within Bushfire Prone Land.  The proposed building is located outside the bushfire prone land. 

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

Yes – 11 days

NOTIFICATION

The proposal has been notified in accordance with Council’s notification policy. 

 

REASON FOR REFERRAL

 

The application has been referred to Council’s IHAP for determination as Council is the applicant and the cost of works is more than $100, 000.00. 

 

EXECUTIVE SUMMARY

 

The subject site was formerly part of the Lane Cove RSL Bowling Club and is now vacant with a new road across the site under construction.  The proposal involves the construction of a community facility building below the new road bridge.  Three sides of the proposed building would be below the road and the east elevation would be open to the park. The location of the proposed building would be towards the centre of the site and at least 50m away from any nearby residential flat buildings. The proposal meets the objectives of Lane Cove Local Environmental Plan 2009 and the provisions of Lane Cove Development Control Plan.  The community centre, additional parking and the efficient use of land proposed would provide an additional community facility for existing and future Lane Cove residents.  Overall the proposal would have a positive social contribution to the local community. No submissions were received in response to the notification of the development application. The proposal is recommended for approval subject to draft conditions.

 

SITE

 

The subject site is located at the eastern side of Burns Bay Road between Cope Street and Linley Lane in Lane Cove.  The site has two zones.  The western section of the land is zoned R4 – High Density Residential and the eastern section of the land is zoned RE1- Public Recreation.  Community facilities are permissible within both zones.  The proposed development is located within the RE1 zone. 

 

The site is presently vacant with a new road across the site under construction. The new road would connect the residential development complex at 316 -322 Burns Bay Road to the traffic signal to the north of the subject site.  The proposed building would be located below the road bridge towards the centre of the site. 

 

Surrounding developments comprise residential flat buildings towards the eastern side and dwelling houses towards the western side of Burns Bay Road.  The nearby residential flat buildings are around 50m away from the proposed building.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal involves construction of a community facility building.  It is a single storey building comprising a community hall, kitchen, storage, and toilets.  A toilet opening to the park would provide a public toilet for park users. The gross floor area of the proposed building is 339m2.  The height of the building varies from 4.25m to 6.0m. 

 

A car park comprising 24 car spaces is currently under construction in the park.  12 car spaces including a disabled car space would be allocated for the use of the community facility centre and the park users. 

 

The proposed building would be used by local communities including a music band between 7.00am to 10.00pm, 7 days a week. 

 

PREVIOUS APPROVALS/HISTORY

 

Council’s records do not indicate any previous development consent relating to the subject site.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Site Area (10,600m2)

 

Local Environmental Plan 2009

 

Zoning:           RE 1 – Public Recreation

 

 

 

Proposed

Control

Complies

Floor Space Ratio

0.032:1

 

There is no FSR provision relating to the site in the LEP

Yes

Very minor FSR

Height of Buildings

4.25m -6.0m

There is no building height provision relating to the site

Yes

 

Lane Cove Development Control Plan

 

Part F Access and Mobility

 

Provisions

Proposed

Control

Complies

Developments on public properties

Paths are proposed between the car park and the community facility

Developments on public properties must provide and maintain accessible links and paths of travel between BCA Class 2 to Class 10 buildings and to adjacent public spaces or pedestrian networks

Yes

Public spaces features

The design of the building complies with AS1428.2.  As the proposal is for a community facility building, requirements such as tables, lighting and drinking fountains are not relevant to this proposal

 

Public spaces are to have features as per AS1428.2, such as pathways, tables, seating, lighting, passing spaces, drinking fountains, rubbish bins, traversable play areas, etc.

Yes

Access report

An access report prepared by a qualified access consultant has been submitted with the DA

Works requiring the submission of a development application shall require the inclusion of an access report prepared by a suitably qualified access consultant. 

 

 

Yes

Parking

12 car spaces including a disabled car space would be available for the use of the proposed development and public park uses

Provide 1 accessible parking space per 50 spaces, in Class 6 and to 9b buildings

Yes

 

 

 

 

REFERRALS

 

Building Surveyor

 

The senior building surveyor has assessed the proposal against the deemed to satisfy provisions and the Premises Standards -2010 and endorsed the application.  Draft conditions have been provided and have been included in the recommendation of the report.  

 

Manager Urban Design and Assets

 

The Manager Urban Design and Assets has reviewed the proposal and advised that drainage plan has not been submitted with the application.  A drainage system would be required as a draft condition in accordance with Part O – Stormwater Management of Lane Cove Development Control Plan.  The draft engineering conditions have been included in the recommendation.

 

Manager Environmental Health Services

 

The Environmental Health Manager has reviewed the additional information provided and has confirmed that the acoustic impacts both within the building and the potential impacts from music rehearsal noise could be controlled if the building is constructed in accordance with the report prepared by Acoustic Logic.

 

Waste issues have been addressed but additional conditions would have to be placed on the consent to have the collections of waste addressed by the caretaker.

 

Contamination issues have not been adequately addressed, as a report is still pending.  As such a deferred commencement is not considered appropriate and would be inconsistent with other approvals recently issued.

 

It is recommended that the following draft condition be included in the consent:-

 

“The applicant to submit, Preliminary Site Assessment – Stage 1 report (per SEPP55 and EPA’s Guidelines for Consultant’s Reporting on Contaminated Sites) and be referred to Manager of Environmental Health Service for review.”

 

Manager Traffic

 

The proposal has been referred to the Manager Traffic for comment. The Traffic Engineer has endorsed the proposal and provided draft conditions for development consent.

 

Rural Fire Services (RFS)

 

The proposal has been referred to RFS for assessment as part of the site is within bushfire prone land.  RFS has not provided a response to the development at the time of the completion of the assessment report.  Any response received prior the IHAP meeting would be provided as supplementary information. 

 


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

 

The aims of Lane Cove Local Environmental Plan 2009 include:-

 

1.2 Aims of the LEP relating to the proposed development include:-

 

(2) The particular aims of this Plan are as follows:-

 

(a)  To establish, as the first land use priority, Lane Cove’s sustainability in environmental, social and economic terms, based on ecologically sustainable development, inter-generational equity, the application of the precautionary principle and the relationship of each property in Lane Cove with its locality;

 

(b)  To preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community;

 

(e) In relation to the management of open space, public and privately-owned bushland, riparian and foreshore land;

 

(i) to protect and, where possible, restore all bushland areas, including all rare and threatened species and communities;

(ii) to protect and, where possible, restore all riparian land along, and the inter-tidal zones and foreshores of, the Lane Cove River and Sydney Harbour and their tributary creeks;

(iii) to make more foreshore land available for public access; and

(iv) to link existing open space areas for public enjoyment.

 

(g) In relation to community facilities, to provide for the range and types of accessible community facilities that meet the needs of the current and future residents and other users:-

 

(i) in relation to accessibility, to increase the number of accessible properties and facilities in Lane Cove.

 

The proposal would provide a modern community facility in an appropriate location for Lane Cove community. The building design meets the all relevant access requirements of BCA.  The proposal meets the relevant aims of the LEP. 

 

Other Planning Instruments

 

Lane Cove Development Control Plan

 

As stated in the compliance table, the proposal meets the objectives and provisions of the DCP.

 

A noise impact assessment prepared by Acoustic Logic has been submitted with the development application.  The report has assessed the impact to the proposed building from the public road above the building and the potential noise impact from the use (mainly by the music band) of the building.  The report provides recommendation for the construction of the building to address the noise impacts.

 

The recommended treatments outlined in Clause 5.5 (page 15) of the report have been included in the draft conditions of consent (Condition 2).

 

 

Section 94 Contribution Plan

 

The proposal would provide a community service facility for the use of Lane Cove residents.  The cost of the development relies on Council funds.  The S94 contribution plan is not applicable to the proposed development. 

 

Variations to Council’s LEP and DCP (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table indicates that the proposed development complies with all the provisions of the LEP and the DCP.

 

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

 

The development proposal was notified in accordance with Council’s notification policy with approximately 530 letters.  No submissions were received in response to the notification of the development application. 

 

CONCLUSION

 

The matters in relation to Section 79C considerations have been satisfied.  The proposed development meets the aims of Lane Cove LEP and the objectives of the DCP.  The proposed building would be located below a road in the park and would not create any adverse impacts to the nearby residential properties in relation to acoustic, loss of view, solar access, parking and traffic congestion.  The proposal would provide a facility for the local community and would have a positive social contribution within the local government area.  The proposal is supported and recommended for approval subject to draft conditions.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council’s IHAP grants development consent to Development Application DA14/55 for the construction of a community facility building to be used for general community activities and a music rehearsals on Lot 102, DP 1013285 and known as 304-314 Burns Bay Road, Lane Cove subject to the following conditions:-

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings with Project No. 1314 prepared by Melocco & Moore Architects, dated 23 April 2014 except as amended by the following conditions.

 

-     Site Analysis Plan, 001B;

-     Site Plan, 100C;

-     Plan, 101D;

-     Plan Roof, 102C;

-     Elevation/Sections 01, 201C;

-     Elevation/Sections 02, 202D;

-     Accessible Path Plan, prepared by Lane Cove Council Urban Services Division, DWG No. BBR-CD-314, Issue A, dated 20.5.14.

 

2.         The proposed development must adopt the recommended treatments outlined in Clause 5.5 (page 15) of the Noise Impact Assessment for the proposed development prepared by Acoustic Logic.  The details of the treatments must be shown on the plans for the submission of the Construction Certificate.

 

3.         Preliminary Site Assessment – Stage 1 report (per SEPP55 and EPA’s Guidelines for Consultant’s Reporting on Contaminated Sites) must be submitted to Manager of Environmental Health Service of Lane Cove Council for approval.

 

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

 

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

 

6.         (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.

 

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

 

8.         (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").

 

9.         (35) Hours of Building Works

 

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.

 

10.       (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.

 

11.       (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.

 

12.       (38) All advertising signs/structures being the subject of a separate development application.

 

13.       (42)  The provision of 12 on-site carparking spaces including a disabled car parking space for the use of community centre at all times.

 

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

 

15.       (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.

 

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)         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; and

f)          Completion.

 

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

 

a)         footings;

b)         reinforced concrete work; and

c)         structural steelwork.

 

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.       (72) The proposed works must be confined within the boundaries of the site.

 

21.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

22.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

 

24.       (130)  Compliance with the Waste Management Plan submitted with the development application.

 

25.       (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.

 

26.       (136) The Community Centre hours of operation being restricted to between the hours of 7.00am – 10.00pm, Monday to Sunday.

 

27.       (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.

 

28.       (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.

 

BCA Conditions

 

29.       (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.

 

30.       (85) All required exits and paths of travel to an exit having, except for doorways, a minimum unobstructed width throughout of 1 metre and a minimum unobstructed vertical clearance throughout of 2 metres.

 

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

 

32.       (98)  Separate approval being obtained for the mechanical ventilation system with fully detailed plans and specifications being submitted.  The system shall comply with the relevant provisions of A.S. 1668 and A.S. 3666.

 

33.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

34.       (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.

 

35.       The accessible path from the allotment boundary to the entry door of the community centre and accessible car park as depicted on the accessible path plan, drawing No. BBR-CD-314, Issue A, dated 20 May 2014, must be completed prior to the issue of an Occupation Certificate for the building. 

 

36.       All internal circulation spaces are required to comply with AS1428.1-2009, plans are to be amended prior to the issue of a Construction Certificate.

 

General Engineering  Conditions

 

37.       (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.

 

38.       (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. 

 

39.       (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.

 

40.       (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.

 

41.       (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.

 

42.       (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.

 

43.       (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’.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

44.       Fire Engineer Report: A Fire Engineer report relating to the structure supporting the roadway is required to determine the possible impacts of fire on the structure. The report is to be provided to the Certifier prior to the issue of the Construction Certificate. Any recommendations of the report are to be implemented during the construction phase of the project.

 

45.       (D1) Drainage Plans New: A 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 Council's DCP-Stormwater Management.

 

46.       (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. Lodgment of this bond is required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

 

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

47.       (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

 

48.       Fire Engineer Certificate: Fire Engineers’ Certification is required stating that all recommendations from the Fire Engineer Report have been implemented. The Certification is to be issued to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

49.       (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 approved plans and all relevant standards and guidelines for hydrocarbon discharge.

 

Traffic  Conditions

 

50.      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.

 

51.      Any bicycle parking must comply with AS 2890.3.

 

52.      All vehicle turning paths should meet Australian standards (AS 2890 series).

 

53.      A Construction Management Traffic Plan (CTMP) must be submitted to Lane Cove Council’s Traffic and Transport Section 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 a Traffic Control Plan (TCP) produced by an RMS-accredited red or orange card holder.

 

Rural Fire Service Conditions:  To be advised

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

7 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages