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Minutes

Independent Hearing and Assessment Panel Meeting

3 June 2014, 5:00pm

 


Independent Hearing and Assessment Panel 3 June 2014

Minutes

 

 

 

PRESENT:                 Hon David Lloyd, QC Chairman, Mr Eugene Sarich, Planning Expert, Mr David Johnson, Environmental Expert, Ms Sarah Balzer, Community Representative

 

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

 

DECLARATIONS OF INTEREST:  Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

 

Independent Hearing and Assessment Panel Reports

 

124 Greenwich Road, Greenwich

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is granted 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.

 

The decision of the Panel was unanimous.

 

 

 

 

 

9 Richardson Street, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is granted 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.

 

The decision of the Panel was unanimous.

 

 

 

 

 

304-314 Burns Bay Road, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is granted 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.         Deleted

 

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 commencement of any construction/demolition works or deliveries. 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.

 

The decision of the Panel was unanimous.

 

 

 

 

 

The meeting closed at 5.45pm.