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Agenda

Independent Hearing and Assessment Panel Meeting

4 November 2014, 5:00pm

 


 

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 4 November 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 4 November 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 - 7 OCTOBER 2014

 

 

Independent Hearing and Assessment Panel Reports

 

2.       38-42 Burns Bay Road, Lane Cove...................................................................... 4

 

3.       22 Greenwich Road, Greenwich....................................................................... 41

 

 

Orders Of The Day  

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 4 November 2014

38-42 Burns Bay Road, Lane Cove

 

 

Subject:          38-42 Burns Bay Road, Lane Cove    

Record No:    DA14/54-01 - 50225/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                                 38-42 Burns Bay Road, Lane Cove

 

DA No:                                    DA 54/14

 

Date Lodged:                          24 April 2014

 

Cost of Work:                          $3,970,100.00

 

Owner:                                    Woodford Australia

 

Applicant:                                Terra Partners

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of 3 existing commercial buildings and construction of a mixed use building comprising 3 levels with a mezzanine of commercial/retail space and 3 dwellings

ZONE

B2 – Local Centre

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 2, 6, 7a & 7b

 

STOP THE CLOCK USED

Yes – 91 days

NOTIFICATION

Refer to the notification list on the file

 

Reason for Referral

 

The Development Application has been referred to Lane Cove Independent Hearing Assessment Panel (IHAP) for determination as the applicant has sought a variation to building height standard of Lane Cove Local Environmental Plan (LEP) and side setback requirement of Lane Cove Development Control Plan (DCP).

 

Executive Summary

 

The subject site is located within Lane Cove Town Centre.  The development proposal involves demolition of 3 existing commercial buildings and construction of a mixed use building comprising 3 levels with a mezzanine of commercial/retail space and 3 dwellings.

 

The proposed mixed use development is permissible within the zone which is B2 – Local Centre.  It meets the Floor Space Ratio (FSR) standard of Lane Cove Local Environmental Plan 2009 (LEP).  However, the rear section of the proposed building exceeds the building height standard of the LEP given the topography and the site constraints. The applicant has lodged a statement for an exception to the building height standard.

 

The site falls approximately 8m from Burns Bay Road (northern boundary) to the rear (southern boundary). Strict compliance with the building height standard would be difficult to achieve given the site constrains. 

 

The application seeks variations to the provisions of Lane Cove Development Control Plan relating to side setback provisions for the building over 2 storeys. 

 

Additional setbacks to the rear boundary are proposed in the amended plans to improve the streetscape and pedestrian access to the rear of the property adjoining Sera Street.

 

Two submissions were received and have been taken into consideration during the assessment process and are discussed in this report.

 

The application is recommended for approval subject to draft conditions indicated in the report. 

 

Site

 

The subject site is located within Lane Cove Town Centre on the southern side of Burns Bay Road, between Longueville Road to the east and Tambourine Bay Road to the west.  There are 3 existing commercial buildings located on the site.  All three buildings currently have retail shops.  Dymocks is at 38 Burns Bay Road, Kidstuff is at 40 Burns Bay Road and Rea’s Family Butchery is at 42 Burns Bay Road. 

 

Surrounding development comprises a variety of retail, commercial and shop top housing development.  Site Location Plans and Neighbour Notification Plans attached (AT-1) and (AT-2).

 

Proposal

 

The proposal involves demolition of all existing buildings and construction of a mixed use building comprising 3 levels with a mezzanine of commercial/retail space, 3 dwellings and 2 levels of car park.

 

Lower Level 3 (Basement):-

·         17 car spaces which include 14 car spaces for the commercial uses and 3 car spaces for the residential use;

·         Garbage room;

·         Lifts;

·         Plant rooms; and

·         Store.

 


Lower Level 2:-

·         10 car spaces which include a disabled car space for commercial use;

·         Lifts;

·         Loading and unloading dock;

·         8 parking spaces for motor bike and bicycle parking;

·         Residential pedestrian access to Sera Street; and

·         Two vehicle crossings to Sera Street.

 

Lower Level 1:-

·         Retail/warehouse spaces;

·         Storage;

·         Toilets;

·         Lifts; and

·         An escalator located at the centre of the building.

 

Ground Level:-

·         Retail space;

·         Common pedestrian pathway;

·         Toilets;

·         Lifts;

·         Escalator; and

·         Outdoor covered balcony at rear.

 

Level 1:-

·         Bathroom, and living area for 3 dwellings;

·         Lifts;

·         Rear balconies for the dwellings;

·         Retail/commercial space; and

·         Toilets.

 

Mezzanine Level:-

·         1 Bedroom for each dwelling;

·         Lifts; and

·         Retail/commercial space.

 

 

 

 

Previous Approvals/History

 

Previous development applications lodged for the site include development application DA 13/30 for the demolition of all existing building and construction of a 5 storey mixed use building.  The application was refused by Council on 13 June 2013 for the following reasons:-

 

1.    The proposed development exceeds the building height standard of the LEP and the design does not relate to the topography of the land;

2.    The exception to the building height standard is not well found;

3.    The proposal exceeds the FSR standard of the LEP;

4.    The bulk and scale is excessive;

5.    The development does not meet the setback provisions of Lane Cove Development Control Plan (DCP);

6.    The development does not meet the objectives of the zoning of B2 Local Centre;

7.    Car parking design fails to meet the provisions of the DCP; and

8.    The proposed development is not in public interest.

The owner of the property lodged an appeal in the Land and Environment Court against Council’s decision. The appeal was dismissed on 15 October 2013.

 

The current development is not relevant to the previous development application DA 13/30 as this proposal is a new application. 

 

Proposal Data/Policy Compliance

 

Site Area (778m2)

 

Local Environmental Plan 2009 (LEP)

 

Zoning:            B 2 – Local Centre

 

 

Proposed

Control

Complies

Floor Space Ratio

2.43:1

2.5:1

Yes

Height of Buildings

16.5m

9.5m

No

 

Note:-

·         Clause 4.4 (2A) (b) of the LEP states the maximum floor space ratio for a building containing shop top housing on land in Area 2 on the Floor Space Ratio Map, is 2.5:1;

·         The GFA of the proposed building is 1887.88m2; and

·         The Lower Level 1 does not meet the definition of basement and the storage on this level has been included in the GFA calculation.

 


Lane Cove Development Control Plan (DCP)

 

Part D – Commercial Development and Mixed Use

 

Provisions

Proposed

Control

Complies

1.1  Building form

 

 

 

 

1.1.1  Building to street frontage

The proposed building has its Burns Bay Road frontage to the street alignment.

New buildings are to have street frontages built predominantly to the street alignment.

Yes

1.1.2  Street frontage heights

The building would be seen as a 2 storey building from Burns Bay Road.

Refer to controls for specific zones and localities.

Yes.

There are no specific controls for the site in the locality controls.  The bulk of a 2 storey high building would be compatible with the adjoining buildings and the village building character which is dominated by 2 storey buildings.

 

1.1.3  Street frontage activities

Three retail shops are proposed at the street frontage on the ground level.

 

Entrances to dwellings are located at the rear of the building via the car park.

 

 

 

Retail space is proposed on the Ground Level.

 

Commercial/retail spaces are proposed on First Level.

a)  Street and lane frontage uses should incorporate one, or a combination of, the following at street level:-

 

I.   Entrances to residential and commercial occupying less than 50% of the street frontage

 

II.  Retail shop front, cafés or restaurants, if accompanied by an entry from the street

 

III.  Active office uses, such as reception, if visible from the street

 

IV.  Civic or community building if accompanied by an entry.

 

V.  Allow for visual interest on the external face of fire escapes, service doors and equipment hatches.

 

b)  Limit opaque or blank walls for ground floor uses to 20% of the street frontage;

 

c)  Minimise the extent and visual impact of vehicle entrances and other entries not associated with active uses or building entries;

 

d)  Provide enclosure on corner sites to define the corner;

 

e)  All street frontage windows at ground floor level are to have clear glazing;

 

f)  Security grilles are to be fitted only within the shop itself. Such grilles are to be transparent; and

 

g)  Provide multiple entrances for large developments including an entrance on each street.

 

 

 

 

 

 

Yes.  An after hour entry/exit point is proposed at the main pedestrian walkway on the Ground Floor which would provide access to the dwellings from Burns Bay Road. 

 

Yes 

 

 

 

 

Yes

 

 

 

 

N/A

 

 

 

 

N/A

 

 

 

 

 

 

Yes

 

 

 

 

No. The ground level elevation of rear façade of the building would be dominated by two driveways. 

 

 

N/A

 

 

 

Yes

 

 

 

 

Yes.  No security grilles are proposed.

 

 

 

N/A

 

 

1.1.4  Build depth & Bulk

The proposed horizontal dimension of the building façade is 15m on the Ground Level, Level 1 and 3 dwellings on Level 1.

 

a).The horizontal dimensions of any single building facade must not exceed 50 metres.

 

b)  For Mixed Use Developments:-

 

I.   The maximum horizontal dimension of the residential component parallel to the street frontage is to be 40m.

 

Yes

 

 

 

 

Yes

1.1.5  Building separation

The proposal comprises 1 building

The separation distance between buildings on the same site is not to be less than the setback to buildings in adjoining sites in the same business zonings. Refer to ‘Setbacks’ for different business zonings.

N/A

1.1.6 Setbacks

 

 

 

Front setback (min)

Nil

 

 

 

Nil

Nil or 3m on ground floor for suitable use such as outdoor café seating for 1-2 storey

 

Nil for 3 storey

 

Yes

 

 

 

Yes

 

 

Side setback (min)

Nil

Nil within and among the business zones for 1-2 storey commercial use.

 

Yes

Side setback (min)

Nil

6m for 3 storey or greater .

 

No

The proposed building is 2 storeys with a mezzanine level on Burns Bay Road front elevation which meets the side setback requirement of the DCP.

 

However, The rear section of the building is 3 storeys with a mezzanine level on Sera Street elevation. 

 

The frontage of the site is approximately 15m and compliance with the 6m side setback requirement would result in the width of the floor plans above 2 storeys to be 3.0m which would make it difficult to function as commercial or residential.

Lane way setback (min)

3m on Lower Level 2 and Lower Level 1 (Ground and 1st floor level on the rear elevation)

 

5.5m on Ground Level and Level1 (2nd and 3rd levels on the rear elevation)

Nil for 2 storey commercial.

 

 

 

 

 

6m for 3 storey or greater.

 

Yes

 

 

 

 

 

No. Minor variation to the rear setback which varies from 5.5m to 6.25m.

1.1.7 Building Design & Exteriors

 

 

 

a)  Floor to Ceiling height (min)

2.5m for warehouse/retail on Lower Level 1.

3.4m for commercial/retail on Ground level

 

2.7m + 2.8 mezzanine for dwellings

3.3m for commercial/retail.

 

 

 

 

 

 

2.7m for shop top house.

Yes

 

 

 

 

 

 

Yes

 

b)  Materials, colours, finishes, proportion & scale

The front elevation has been redesigned.

New development should add interest to facades & the streetscape.

 

Yes.  The proposed design has addressed two street frontages of the site.

 

 

1.2 Excavation

The car park access to the ground level is at the rear of the site. 

d)  Uses at ground level are to respond to the slope of the street by stepping frontages and entries to follow the slope.

Yes

1.3  Design and Location of On-Site parking

No parking spaces are proposed at the rear setback area

 

All proposed car parking is within the site.

 

 

Loading and unloading facilities are proposed on Lower Level 2.

a)  Parking of vehicles is prohibited in setback areas;

 

b)  All developments must incorporate the required car parking on-site;

 

c)  All on-site parking, loading facilities and vehicle access points must be:-

 

I.   Accessed from a rear lane wherever available;

 

II.  Fully concealed from view from any public street or arcade; and

 

III.  Accessible from only one opening in the rear lane facade for both on-site parking and loading. Access openings are to be fitted with a garage door or roller shutter.

 

d)  For developments with a rear lane façade width less than 12.0m this opening must not be wider than 3.0m;

 

 

e)  For developments with a rear lane façade width equal to or greater than 12.0m this opening must not be wider than 6.0m;

 

f)  Vehicle entry should be:-

 

I.  Easily accessible and recognisable to motorists;

 

II. Located to minimise traffic hazards and queuing of vehicles on public roads;

 

III. Located to minimise the loss of on street car parking, and to minimise the number of access points;

 

IV.  Located away from main pedestrian entries and on secondary frontages; and

 

V.  Located having regard to any approved cycling routes.

 

g)  Avoid black holes in the facade for major development by providing security doors to car park entries;

 

h)  Return the facade material into the car park entry recess up to the extent visible from the street;

 

i)   Parking and service/delivery areas are to be located underground within building footprint or screened from adjacent residential uses or the public domain by sleeving with active uses;

 

j)  Parking and service/delivery areas are to be located to minimise conflict between pedestrians/cyclists and vehicles and to minimize impact on residential amenity;

 

k)  Extensive areas of blank walls are to be avoided;

 

l)  Vehicular access is not permitted along the boundary adjacent to residential zone unless there is no other practical solution;

 

m)  Residential and non-residential car parking spaces are to be physically separated;

 

n)  For residential flat buildings, generally limit the width of driveways to a maximum of 6.0m;

 

o)  Integrate ventilation grills or screening devices of carpark openings into the façade design and landscape design;

 

p)  Provide safe and secure access for building users, including direct access to residential apartments, where possible;

 

q)  Basement car parking is to be:-

 

I.   Adequately ventilated;

 

II.  Predominantly located within the building footprint;and

 

III.  Located fully below natural ground level. Where slope conditions mean that this is unachievable, the maximum basement projection above natural ground level is to be 1.2m but not to the street front.

 

r)  Where it is impossible to achieve the required car-parking on sites in small neighbourhood areas, an assessment of available on-street parking will be undertaken and considered in relation to any proposals. If there is adequate existing parking available, then the parking requirement may be waived or reduced.

Yes

 

 

 

Yes.  The proposed car park is within the building.

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A.  The rear lane façade width is 14.6m.

 

 

 

 

No.  The width of the opening is 9.8m for a two way driveway to the car park.

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

N/A. There is no approved cycling route adjacent to the site. 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

N/A

 

 

 

 

 

 

No but considered acceptable given that the residential component is a small portion of the development.

 

N/A

 

 

 

 

N/A

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

N/A. The required car spaces are provided on the site. The proposed development would not reduce any street parking.

 

 

 

 

 

 


 

1.4  Number of Car Parking, Motorcycle and Bicycle Spaces

27 car spaces are proposed within the proposed car park.

 

24 car spaces are proposed for the commercial GFA of 892 m2 which exceed FSR of 1:1.

 

 

3 car spaces are proposed for 3 dwellings.

I.   Retail / Commercial Uses - 1 space per 40m² of gross floor area.  23 car spaces are required (892/40)

 

II.  Shop Top Housing - 1 space per dwelling. 3 car spaces are required.

 

The provision of on-site parking or a contribution for car parking not provided on-site within the area subject to the special parking levy is only required for floor area in excess of that equivalent to a floor space ratio of 1:1.

 

The proposed development comprising retail and shop top housing and required car spaces are calculated as the following:-

Car spaces required for the commercial/retail space exceeding FSR of 1:1

(1670-778)/40 = 23 car spaces.

Three shop top dwellings require 3 spaces.

 

Total required car space = 23+3 = 26 car spaces

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposal provides 27 car spaces within the proposed car park and meets the DCP parking requirements.

 

 

1.4.4  Motorcycle and Bicycle Parking

8 cycle/bike parking spaces are proposed.

 

 

 

 

 

 

 

 

 

 

a)  Motorcycle parking is to be provided at the minimum rate of 1 motorcycle space per 25 car spaces.

 

Required motor bike parking spaces:-

26/25 = 1 space

 

b)   Bicycle parking is to be provided at the minimum rate of 1 locker per 600m2 of commercial space.

 

Required bike lockers for commercial space: 1670/600 = 3 spaces

 

 

c)  Bicycle locker is required at a rate of 1 locker per 4 dwellings in residential development.

 

Required bike locker for residential component of the development is ¾ = 0.75 space.

 

Total required bike lockers are 4.

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

1.5 Traffic and Accessibility Report

A traffic and accessibility report was submitted with the development application

A Transport and Accessibility Report may be required by the Traffic Manager.

Yes

1.6 Awnings

New awning is proposed

Continuous street frontage awnings are to be provided for all new developments on main streets or major retail streets in centres except where colonnades are required.

 

Yes

1.7 Reflectivity

Lower light reflectivity external finish colours are submitted with the development application.

Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%.

Yes

1.8 External lighting of buildings

No external light is proposed.

Floodlights for buildings are prohibited.

Yes

1.9 Landscaping

There is no opportunity for landscaping on the ground level.

a)   Locate basement car parking predominately under the building footprint to maximize opportunities for landscaped area; and

 

b)  Deep soil zones in atria, courtyards and boundary setbacks are encouraged.

 

 

Acceptable

 

 

 

 

 

 

No deep soil zone is proposed.

1.10 Planting on Structures

No planting on structures are proposed on the terraces on the upper levels.

a)  Areas with planting on structures should be irrigated with recycled water and appropriate drainage provided; and

 

b)  Provide sufficient soil depth and area to allow for plant establishment and growth.

 

 

N/A

 

 

 

 

 

N/A

1.11 Solar Access

 

a)  Commercial and mixed use developments are not to reduce sunlight to dwellings in the adjacent or same zone below a minimum of 3 hours of sunlight on a portion of the windows of the habitable rooms between 9am and 3pm on 21 June;

 

b)  Where adjacent dwellings and their open space already receive less than the standard hours of sun, new development should seek to maintain this solar access where practicable;

 

c)  Habitable rooms in at least 70 percent of dwellings in high density residential developments should receive a minimum of three hours direct sunlight between 9 am and 3 pm on 21st June, in total between any portions of those rooms. In dense urban areas a minimum of two hours may be acceptable. A reasonable proportion of both the common and private open space in those sites is also to receive sunlight during that period, according to the circumstances of the sites;

 

d)  The number of single-aspect dwellings with a southerly aspect (SW-SE) should be limited to a maximum of 10 percent of the total dwellings within a high density residential development. Developments varying from the minimum standard due to site constraints and orientation must demonstrate how energy efficiency is addressed; and

 

e)  Council may accept a reduction in solar access for the subject site and adjacent development if the topography and lot orientation (as distinct from a preferred design) are such that the standard is considered unreasonable.

 

 

Yes

The north facing windows of the adjacent properties would receive more than 3 hours of solar access between 9am and 3pm in mid winter

 

 

 

N/A

 

 

 

 

 

 

 

 

N/A.  The proposed development is not a high density residential development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Acceptable. All 3 proposed dwellings have a southerly aspect.  However, skylights are proposed for the dwellings to provide solar access and cross ventilation. 

 

 

 

 

 

 

 

Applicable

 


 


1.12  Access and Mobility

Every level of the building is accessible by lift.

Any new development must comply with Australian Standards AS 1428 Design for Access and Mobility, AS 4299 Adaptable Housing, AS 2890 Parking Facilities and AS 1735 Lifts, Escalators and Moving Walks and with the Part F of this DCP - Access and Mobility.

 

Yes

1.13 Toilet Facilities

An accessible toilet is proposed adjacent to the lobby area.

Accessible and well sign-posted toilet facilities complying with AS 1428 shall be provided in all developments containing 10 or more shops or more than 500m2 of retail floor space.

 

These facilities shall have the same minimum opening and closing hours specified for arcades.

Yes

 

 

 

 

 

 

 

N/A

1.14 Signage

No signage proposed.

All signage shall comply with the Part N of this DCP – Signage and Advertising.

N/A

 

Referrals

 

Manager Urban Design and Assets

 

The proposed development application has been reviewed by Council’s Development Engineer who has assessed the proposal and provided the following advice:

 

A new stormwater concept plan incorporating OSD and a rainwater reuse system has been proposed and conditioned accordingly.

 

The proposed bulk excavation has been conditioned in the interest of all adjoining structures.

 

The proposed parking arrangements and driveway access point needs to be supported by Council’s Traffic Section prior to any approvals.  Council’s Traffic Section needs to determine and condition a works zone if applicable.

 

The development engineer has raised no objections to the proposed stormwater management plan.  Draft conditions have been provided which have been included in the recommendations of the report. 

 

Building Surveyor

 

Council’s Senior Building Surveyor has assessed the proposal against deemed to satisfy provisions of the BCA and raised no objection to the proposal.  Draft conditions have been provided which have been included in the recommendations of the report

 


Environmental Health Officer

 

Council’s Environmental Health Officer has assessed the proposal and provided the following advice:-

 

There is insufficient information on noise attenuation measures proposed to manage any noise impact on the residential component of this development from surrounding commercial uses such commercial exhaust systems, refrigeration systems, deliveries and vehicle noise.  Further information is required before development consent is issued.  The applicant must engage a suitably qualified acoustic consultant to provide a noise report that addresses the impacts of noise on the residential component of this development.

 

Officer’s comment:-

 

An acoustic report to address the noise impact on the residential component of this development would be required as a condition of consent. The report would address the impacts of noise from surrounding commercial uses such commercial exhaust systems, refrigeration systems, deliveries and vehicle noise on the residential component of this development. (See draft condition 74). 

 

Traffic

 

Council Traffic Engineer has provided draft traffic management conditions which have been included in the report. The conditions require lodgment of a demolition and construction management plan and identification of a work zone (See conditions 68 to 71).

 

Waste Contract Coordinator

 

Site Waste Minimisation and Management Plan

 

A detailed Site Waste Minimisation and Management Plan must be submitted as part of the development application. The applicant failed to supply Council with any Site Waste Minimisation and Management Plan.

 

Controls/Requirement

 

The development must incorporate separate and self-contained waste management systems for the residential component and the non-residential component.

 

The residential component must comply with the controls at Section 4.2 of Part Q.

 

The non-residential component must comply with the controls at Section 4.3 of the Part Q.

 

Officer’s comment:-

 

There are no specified provisions for shop top housing development in the DCP.  The provisions of Section 4.2 Part Q of the DCP specify detail requirements for multi unit dwellings (town houses and villas).  The proposed development is a mixed use development which comprises 3x1bedroom dwellings on top of retail space.  Sufficient garbage/storage rooms are proposed in the basement for storage of bins and bulky waste goods.  The proposed design meets the aims of the DCP to ensure separation of waste, reuse, recycling by ensuring appropriate storage, collection facilities for waste, and quality design of waste facilities.

 

Ongoing waste management would be required as conditions of consent. (See draft condition 73) 

 


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

 

Aims

 

The aims of the LEP include:-

 

(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; and

 

(d)        in relation to economic activities, to provide a hierarchy of retail, commercial and industrial activities that enables the employment capacity targets of the Metropolitan Strategy to be met, provides employment diversity and is compatible with local amenity, including the protection of the existing village atmosphere of the Lane Cove Town Centre.

 

The application seeks consent for the redevelopment of a site within Lane Cove Town Centre that would increase the commercial/retail space on the site and would improve the employment capacity of Lane Cove Town Centre.  The proposal meets the aims of the LEP.

 

Clause 4.3 – Height of buildings

 

The maximum permissible building height for the site is 9.5m in accordance with the building height map of the LEP.  The proposed building height is approximately 16.5m towards the rear along Sera Street which exceeds the maximum permitted building height by approximately 7m.

 

This is a significant departure from the LEP. This departure is due to the topography and site constrains.

 

The applicant has lodged a statement for the exception to the building height standard in accordance with Clause 4.6 of the LEP.  The statement states that the proposal exceeds the height limit due to the extreme slope of the site and that it is not possible to meet the height limit and be close to the maximum permissible FSR for the site.

 

The proposed building would be visually compatible within the existing development in the locality.  Solar access to the public domain would not be affected due to the site’s location being on the south side of Burns Bay Road. 

 

The design meets the building height requirement at Burn Bay Road frontage and relates well to the topography of the site. 

 

Officer’s comment:-

 

The proposed design would meet the objectives for LEP clause 4.3 Height of Buildings which are:-

 

(a)  to minimise any overshadowing, loss of privacy and visual impacts of development on       neighbouring properties, particularly where zones meet;

(b)  to maximise sunlight for the public domain; and

(c)  to relate development to topography.

 


There are seven objectives for the B2 Local Centre zone. The sixth objective states:-

 

·         To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.

 

It is considered that strict compliance with the building height standard of the LEP in this circumstance would be difficult to achieve and a variation should be considered.  The amended plans increase the rear setback to Sera Street boundary which would improve the existing poor streetscape and pedestrian access to Market Square located to the east of the site and achieve a better planning outcome.

 

Clause 4.4 – Floor Space Ratio

 

The FSR standard for the site is 2.5:1 in accordance with the LEP.  The FSR of the proposed development is 2.43:1 which meets the FSR standard of the LEP.

 

Other Planning Instruments

 

Lane Cove Development Control Plan

 

As indicated in the compliance table, the proposed design does not meet the side setback provision of the DCP.

 

The DCP requires a minimum 6.0m setback to each side boundary for the building with a height of 3 or more storeys. 

 

The setback objectives of the DCP are to reduce the impact of scale as well as assist with cross-ventilation, solar access, privacy, views sharing and to reduce adverse wind effects.

 

The proposed development at the upper level comprises 3 dwellings incorporating voids and skylights.  This would provide adequate cross ventilation and solar access to all three dwellings and as such meet the setback objectives of the DCP.

 

The proposed development would consolidate 3 existing lots in the Lane Cove Town Centre.  All existing buildings in the village have nil setbacks to their side boundaries.  Each lot has a frontage of 5m and a total frontages of the site are 15.47m to Burns Bay and 15.23m to the Sera Street.  Strict compliance with the setback requirement would result in a narrow building above 2 storeys with a width of 3.0m which would not be functional. The proposed nil side setbacks is consistent with the existing side setbacks of other buildings in the town centre. 

 

The variation to the side setback provision of the DCP is considered reasonable and is supported. 

 

Matter arising

 

All existing buildings in the village have nil setbacks to their side boundaries.  A 6.0m side setback would result in poor functionality of this building and the setback is not achievable.

 

In view of the above, the side setback requirement within this the B2 zone should be reviewed having regard to the unintentional consequences of a steep slope and side setback impacts.   

 


Applicable Regulations

 

Section 94 Contribution

 

The proposed development would increase the commercial floor space opportunity and the population living on the site. 

 

S94 Contribution of Residential Component in the Development

 

Lane Cove Section 94 Contribution Plan applies to the proposal for the increase in population within the area as a consequence of the development.  The Section 94 contribution is calculated in the following manner:-

 

The development as proposed requires the following Section 94 Contribution.

 

No. of bedrooms

S94 per dwelling

Required contribution ($)

3 x 1 bedroom

$9,636.00/person x1.2 person/dwelling (2014-2015) = $11,562.20

11,562.20x 3 = 34,686.60

Total

 

34,686.60

 

The required S94 contribution of the proposed residential component of the development is $34,686.60.

 

Credit for the existing building has been given which is detailed in the calculations below.

 

The S94 contribution would be required as per draft Condition 7.

 

Commercial/Retail

 

There is approximately 1670m2 of the commercial space in the proposed development.

 

The GFA of the existing commercial/retail space is 725m2.

 

The additional GFA of commercial/retail space is 1670 m2 – 725m2 = 945m2

 

The required S94 relating to commercial/retail component of the development is 945m2 x $97.34/m2 (the rate of 2014-2015) = $82,310.70.

 

The S94 contribution would be collected for the traffic management, and streetscape improvement, open space and recreation facilities, drainage and community facilities relating to the additional commercial/retail space on the siteRefer to draft Condition 8.

 

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 departure is discussed below.

 

The exception being the building height standard of the LEP and the variation to the side setback provision of the DCP which were discussed in the previous section of the report.

 


Response to Notification (Section 79C(1)(d))

 

The original plans and the amended plans were notified in accordance with Council’s notification policy.  The original proposal was notified between 30 April 2014 and 14 May 2014.  Two submissions were received in response to the notification of the development application. 

 

Unit 3 & 4 of 46 Burns Bay Road, Lane Cove

 

The owner of the adjoining building raises concerns to the original proposal in relation to:-

·         Bulk and scale of the building;

·         Setbacks;

·         Solar access; and

·         Excessive height limit.

 

RASAD

 

RASAD’s main concerns relate to the amenity and environmental factors.

 

·         Solar access to the dwellings being via the skylights;

·         No indication of the use of the rain water; and

·         No indication of the installation of the provision of solar voltaic panels.

 

Officer’s comment:-

 

The submissions raise valid concerns in relation to compliance with the provisions of the LEP and the DCP.  The applicant was requested to amend the proposal to improve compliance with the development controls particularly relating to the rear setback and building treatment towards the rear elevation.

 

The BASIX certificate submitted with the development does not include measures for the installation of solar voltaic panels and the rain water storage tank.  The development would meet the minimum energy standard of the BASIX.

 

The amended plans were re-notified between 8 August 2014 and 22 August 2014.  Submissions from the two previous objectors have been received. 

 

RASAD state that the amended proposal appears to be the result of discussion with Council officers and do not cover any of the comments in their previous submission.

 

Officer’s Comment:-

 

The applicant has amended plans after discussions with Council officers.  The amended plans increase the rear setback and improve the Sera Street streetscape and pedestrian access to the rear of the site.  The suggestion to provide for solar access by skylights, use of rain water, and provision of solar voltaic cells, in the previous submission of RASAD is not specified in the DCP and is difficult to enforce by the assessment team. 

 

4/46 Burns Bay Road, Lane Cove

 

The owner of the adjoining building restates his objections relating to building height, setback and shadowing impacts. 

Officer’s comment:-

 

It is agreed that the proposed building towards the rear exceeds the maximum permitted building height for site and the levels above two storeys would not meet the minimum 6.0m setback requirement of the DCP. 

 

The variation to the building height and setback requirements has been discussed in the previous sections of the report.

 

It is noted that the adjoining building at 46 Burns Bay Road is a 3 storey commercial building.  The 2nd level of this building has a setback less than 6.0m to its eastern boundary.  The DCP allows nil setbacks for 2 storey buildings in Lane Cove Town Centre.  Strict compliance with the 6.0m setback provision of the DCP would require no structures more than 2 storeys built on the existing sites of 38 and 42 Burns Bay Road.  More than 2/3 of the site would not be more than 2 storeys.  Strict compliance with the side setback requirement of the DCP is unreasonable and would not meet the zoning objectives of the LEP to encourage urban design maximizing attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.

 

The proposed building in its amended form is supported.

 

All submissions have been taken into consideration during the assessment process.

 

Conclusion

 

The matters in relation to Section 79C considerations of Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed development involves redevelopment of the site within Lane Cove Town Centre for commercial and residential uses.  The amended proposal address two street frontages of the site and the proposed building would improve the streetscape and the additional rear setback to Sera Street would improve pedestrian access on Sera Street. 

 

The proposed development meets the objectives of B2 zone. The objectives of the zone are to provide a range of retail, employment opportunities, maximise public transport patronage, walking and cycling permit development for the purposes of offices, community and other facilities, Encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove Town Centre for current and future users, Ensure that landscaping is a significant element in public and private development viewed from the public domain.

 

The variation to the building height standard is reasonable given the site constraints and the outcomes of the development.

 

A 6.0m side setback would result in a not functional building. The variation to the side setback provision of the DCP is considered reasonable and is supported. All existing buildings in the village have nil setbacks to their side boundaries. 

 

In view of the above, the side setback requirement within this the B2 zone should be reviewed against the DCP and the LEP objectives.   

 

The development application is therefore supported and is 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 grants development consent to Development Application DA 14/54 for the demolition of all existing structures and construction of a mixed use building on Lot 1, DP 550930, Lot 19, DP 530200, and Lot 21, DP 530200 and known as 38-42 Burns Bay Road, Lane Cove subject to the following conditions:

 

General Conditions

 

1.         That the development be in accordance with the following drawings, dated 09/07/2014,             prepared by Terra Partners Architect + Design except as amended by the following             conditions:-

 

-      Site Plan, 140041/DA100/2;

-      Plan-Ground + Lower LVL. 140041/DA101/3;

-      Plan – Lower LVL. 2 & 3, 140041/DA102/2;

-      Plan – Level 1 + Mezzanine, 140041/DA103/3;

-      Plan – Roof Level, 140041/DA104/3;

-      Elevations, 140041/DA107/2;

-      Elevations, 140041/DA108/2;

-      Elevations, 140041/DA109/2;

-      Streetscape Analysis, 140041/DA110/2; and

-      Residential Access Plan, 140041/DA116/2.

 

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

 

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

 

4.         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.

 

5.         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.

 

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

 

7.         The payment of a contribution for additional population in accordance with council's             section 94 contributions plan.  This payment being made prior to the issue of construction             certificate and is to be at the current rate at time of payment.

 

The required S94 contribution of the residential component of the development is calculated in the following manner:-

 

No. of bedrooms

S94 per dwelling

Required contribution ($)

3 x 1 bedroom

$9,636.00/person x1.2 person/dwelling (2014-2015) = $11,562.20

11,562.20x 3 = 34,686.60

Total

 

34,686.60

 

The amount is $34,686.60 at the current rate of $9,636.00 per person (2014-2015).  Note:  payment must be in bank cheque.  Personal cheques will not be accepted.

This contribution is for community facilities, open space/ recreation and road under the lane cove section 94 contributions plan which is available for inspection at the Customer Service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

8.         The payment of a contribution towards traffic management and streetscape improvements, open space and recreation facilities, drainage and community facilities. The contribution to be made prior to issue of a construction certificate and to be at the current rate at time of payment. 

            The required S94 contribution of the commercial/retail component of the development is             calculated in the following manner:-

            There are approximately 1670m2 of the commercial space in the proposed development.

            The GFA of the existing commercial/retail space is 725m2.

            The additional GFA of commercial/retail space is 1670 m2 – 725m2 = 945m2

            The required S94 relating to commercial/retail component of the development is 945m2 x             $97.34/m2 (2014-2015) = $82,310.70.

            The amount is at the current rate of $82,310.70.  Note:  payment must       be in bank cheque.  Personal cheques will not be accepted.

            the contribution is based on 945 sqm and the contribution rate of     $97.34 per sqm of additional retail/commercial floor space.

            This contribution is under Lane Cove Council Section 94 contributions plan which is available for inspection at the Customer Service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

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

 

13.       Separate development consent is required for the use of the commercial/retail space.

 

14.       The provision of a minimum of 26 on-site car parking spaces including a disabled car  space             and 1 motor bike parking spaces for the use of the development at all times.  All parking             spaces shall comply with AS/NZS 2890.6 2009 and AS/NZS 2890.1 2004. 

 

15.       A minimum of 4 bicycle lockers must be provided on site for the use of the development at             all times.

 

16.       A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented             in the building premises and the fire safety measures proposed or required to be             implemented in the building premises as required by Clause 168 – Environmental Planning             & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE             OF THE CONSTRUCTION CERTIFICATE.

 

17.       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.

 

18.       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.

 

 

19.       The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's             gutter is prohibited.

 

20.       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)     The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;

 

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

 

d)     Installation of steel beams and columns prior to covering;

 

e)     Waterproofing of wet areas;

 

f)      Stormwater drainage lines prior to backfilling; and

 

g)    Completion.

 

21.       Structural Engineer's details being submitted prior to issue of construction certificate for the             following:-

 

a)     Retaining Walls;

 

b)     Footings;

 

c)     Reinforced Concrete Work;

 

d)     Structural Steelwork;

 

e)    Upper Level Floor Framings.

 

22.       All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or             zincalume iron, in a mid to dark colour range.

 

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

 

a)     The establishment of each floor level;

 

b)     The roof framing; and

 

c)    The completion of works.

 

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

 

24.       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.

 

25.       The use of mechanical pick machine:-

 

(a)  The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties;

 

(b)  Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(1)     A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties;

(2)     The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties;

 

(3)     With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval; and

 

(4)     The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

                      Compliance with the requirements of this condition   must be satisfied                prior to the issue of the construction certificate.

 

26.       The proposed works must be confined within the boundaries of the site.

 

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

 

28.       All machinery used on the site during demolition shall have a noise emission no greater             than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

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

 

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

 

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

 

32.       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.

 

33.       (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

 

34.       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.

 

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

 

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

 

37.       Prior to the issue of an Occupation Certificate, the applicant must make written

            application to Council for the provision of domestic waste services.

 

 

General Engineering Conditions

 

38.       (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.

 

39.       (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     or             used for storage until such application is approved. 

 

40.       (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.

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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’.

 

45.       (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.

 

46.       (A9) Services: Prior to any excavation works, the location and depth of all services must be             ascertained. All costs associated with adjustment of the public utility will be borne by the             applicant.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.       (O3) On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in part O Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

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

 

52.       (O4) On-Site Stormwater Detention Tank: All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

53.       (R2) Rainwater Reuse Tanks: The proposed rainwater tanks are to be installed in             accordance with Council’s rainwater tank policy and relevant Australian standards.

 

Note:-

 

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

 

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

 

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

 

54.       (S1) Stormwater Requirement: A gross pollutant trap needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system. The design and construction of the drainage system is to fully comply with, AS-3500 and part O Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering conditions to be complied with prior to Construction Certificate

 

55.       (D2) Drainage Plans Amendments: The stormwater drainage plan numbered 12-102 prepared by Woolacotts Consulting Engineers dated 05-11-12 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amened design is to be certified that it fully complies with, AS-3500 and part O Council's DCP-Stormwater Management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

            The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

 

56.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $2000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system and the basement pump out system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

57.       (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

 

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

 

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

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

 

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

 

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

 

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

 

o     Foundation bearing conditions and footing construction; and

 

o     Installation of sub-soil drainage.

 

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

 

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

 

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

 

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

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

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

 

62.       (H1) Road Dilapidation Survey: The applicant is to prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Burns Bay Road and Sera Street adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

63.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

            The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

64.       (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Multi Unit Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate

 

65.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

66.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $20,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

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

 

·        All works beyond the property Boundary;and

 

·        All the approved stormwater drainage works on Council property.

 

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

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

 

68.       A construction traffic management plan, including a Traffic Control Plan produced by an RTA-accredited red or orange card holder, must be approved by Council before demolition or construction work can commence.  It must also be shown how construction and trades vehicles will be accommodated without resulting in adverse impact on the local streets.

 

69.       A work zone to be located along the entire frontage of the site on the Burns Bay Rd side             (approximately 16 metres) to facilitate the loading and unloading of construction materials:-

 

a.    The Work Zone application to be submitted for Local Traffic Committee consideration at least 6 weeks prior to the proposed start of construction;

 

b.    The Work Zone application to include a detailed pedestrian management plan that shows:-

 

i.   How the busy pedestrian thoroughfare between the Plaza and Coles will be maintained safely through the use of appropriate signs, diversion routes and hoardings

 

ii.  How vehicular access to the site for the purposes of loading and unloading construction materials will be managed to ensure the safety of pedestrians at all times

 

c.    The Work Zone to be paid for in advance for a minimum of 6 months;

 

d.    The Work Zone to be charged at the commercial rate of $55 per lineal metre per week, taking in to account the town centre location and the required suspension of on-street parking spaces;

 

e.    Council reserves the right to review the Work Zone at any time and cancel or amend the terms of the Work Zone in the interests of pedestrian safety; and

 

f.     The developer must notify all shopkeepers and business premises by means of letter drop at least four weeks prior to the proposed start of construction.

 

70.       A demolition and construction Traffic Management Plan (TMP) must be submitted to             Council at least six weeks prior to the proposed start of demolition activity:-

 

a.    Trucks engaged in demolition or construction activity must only access the site via Sera St between 10.00am and 3.00pm weekdays and 8.00am – 4.00pm on Saturdays;

 

b.    The TMP to include a detailed Traffic Control Plan (TCP), produced by an RTA accredited Orange Card Holder, which shows how truck turning and reversing movements will be safely accommodated in Sera Street;

 

c.    The TMP to show how pedestrian traffic will be safely diverted around the rear access to the work site using appropriate signs, diversion routes and hoardings;

 

d.    RTA accredited Traffic Controllers to be used at all times to ensure pedestrian safety, particularly for truck turning and reversing manoeuvres in the vicinity of the Market Square / Sera St roundabout;

 

e.    Woolworths and Coles to be given a copy of the TMP at least four weeks in advance of demolition work commencing; and

 

f.     Council reserves the right to amend the terms of the TMP at any time in the interests of pedestrian safety.

 

 

71.       Parking design requirements:-

 

·           All car parking, including ramps and access driveways, must comply with AS 2890.1.;

·           All commercial vehicle facilities, including the truck turntable, must comply with the relevant standards - particularly AS 2890.2.;

·           All bicycle parking must comply with AS 2890.3.; and

·           All disabled car parking must comply with AS 2890.6.

 

Waste Service Conditions

 

72.       Bulky Goods Storage Room

Applicant must indicate on the proposed floor plan the location of a bulky goods storage room for the storage of general household clean up items. The minimum floor area of the storage room must be no less than 10m2.

 

73.       Site Waste Minimisation and Management Plan

            A detailed Site Waste Minimisation and Management Plan must be submitted as part of the development application. The Plan must address all the identified topics on page 23 in Part Q of Lane Cove DCP under the heading Site Waste Minimisation and Management Plan (SWMMP).

 

Environmental Health Condition

 

74.       The applicant must engage a suitably qualified acoustic consultant to provide a noise report that addresses the impacts of noise from surrounding commercial uses such commercial exhaust systems, refrigeration systems, deliveries and vehicle noise on the residential component of this development prior to the release the Construction Certificate. 

 

75.       (145) Critical concrete pours

 

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

 

·           The submission, at least seven (7) working days prior to the critical concrete pour, to Council of an application along with the prescribed fee, in the prescribed Council form, that includes a written statement of intention to undertake a critical concrete pour and that also contains details of the critical concrete pour, the number of such pours required, their likely time duration, impact statement and how foreseeable impacts will be addressed (i.e light spill/ noise/ traffic etc);

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

·           No work and deliveries to be carried out before 7.00am and after 10pm; and

·           No work occurring on a Sunday or any Public Holiday.

 

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

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

            NOTE:

            No work shall be undertaken outside standard working hours without prior written approval from Council.

            Council reserves the right to refuse the application with or without reason.

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

4 Pages

 

AT‑2 View

Neighbour Notification Plans

1 Page

 


ATTACHMENT 1

Site Location Plans

 





ATTACHMENT 2

Neighbour Notification Plans

 


Independent Hearing and Assessment Panel Meeting 4 November 2014

22 Greenwich Road, Greenwich

 

 

Subject:          22 Greenwich Road, Greenwich    

Record No:    DA14/119-01 - 63178/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                                 22 Greenwich Road, Greenwich

 

DA No:                                    DA 119/2014

 

Date Lodged:                          7 August 2014

 

Cost of Work:                          $2,600,000.00

 

Owner:                                    Q M Hua

 

Applicant:                                As above

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of an existing dwelling house and construction of a boarding house comprising 20 rooms

ZONE

R4 – High Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 3, 7a and 10b

STOP THE CLOCK USED

Yes – 51 days (up to 16/10/14)

NOTIFICATION

Neighbours: 22-30 Anglo Road, 18-20, 25-29 Greenwich Road & 78-80 River road, Greenwich

 

Ward Councillors                   East Ward Councillors

 

Other Interest Groups            Greenwich Community Association Inc

 

Reason for Referral

 

The development application DA 14/119 for a boarding house development is referred to Lane Cove Independent Hearing and Assessment Panel for a determination due to a significant number of submissions received during the notification of the development proposal.  A total of 54 submissions and a petition with 51 signatures has been received. 

 


Executive Summary

 

·         Development Application DA 14/119 for the demolition of an existing dwelling house, a detached garage and construction of a boarding house comprising 20 rooms was lodged with Council on 7 August 2014;

·         The site is within R4 – High Density Residential zone and the proposed use of a boarding house is permissible within the zone in accordance with Lane Cove Local Environmental Plan 2009 (the LEP);

·         State Environmental Planning Policy (Affordable Rental Housing) 2009 (the SEPP) outlines the development standards for boarding house developments.  The proposal fully complies with the SEPP standards;

·         54 submissions and a petition with 51 signatures were received in response to the notification of the proposal.  All submissions raised objection to the proposed boarding development.  The main objection is that the proposed use of a boarding house would not be compatible with the building character of the neighbourhood and should not be supported;

·         The proposal has been reviewed by Council’s building surveyor, community service manager, development engineer, environmental service manager and Council’s tree assessment officer.  Draft conditions are provided for Council’s consideration;

·         The proposed development complies with the provisions of the SEPP – (Affordable Housing) 2009.  Council consent to this development cannot be refused on any of the development standards in the SEPP – (Affordable Housing), if the application meets the requirements of the SEPP; and

·         Approval is recommended.

 

Site

 

The subject site is located at the south-eastern corner of Anglo Road and Greenwich Road, Greenwich.  The site enjoys two street frontages to Anglo Road and Greenwich Road.  The slope of the site falls from its front boundary at Greenwich Road to its rear boundary by approximately 3.4m.  An existing single storey dwelling house comprising 3 bedrooms and a detached single garage are located on the site.  Site Location Plans and Notification Plan are attached (AT-1 and AT-2).  Surrounding developments comprises the following developments:-

 

To the east:     A residential building comprising 2 dwellings is located at 30 Anglo Road, Greenwich. The site is zoned R2- Low Density Residential in accordance with Lane Cove LEP 2009.

 

To the south:   A 3 storey residential flat building comprising 12 dwellings is located at 80 River Road, Greenwich.  The site is within a R4 – High Density Residential in accordance with Lane Cove LEP 2009.  This building is of an old style of architecture with a common access way on each level located at the northern side of the building.  The building has a minimum setback of 2.7m to its northern boundary adjoining the subject site. 

 

To the north:   A group of 10 townhouses are located on the opposite side of Anglo Road at 18-20 Greenwich Road, Greenwich.  This site is zoned R4- High Density Residential.

 

To the west:                Two residential flat buildings are located on the opposite side of Greenwich Road at 25 and 27 Greenwich Road.  Other properties located opposite the subject site along the western side of Greenwich Road are within the R4 zone. 

 

Proposal

 

The proposal involves demolition of a dwelling house and garage and the construction of a boarding house development comprising 19 boarding rooms and a room for an on-site manager as detailed as the follows:-

 

Basement Level

·           6 Car parking spaces including a disabled car space;

·           4 Motor bike parking spaces;

·           5 Bicycle parking space;

·           A waste bin storage room;

·           A lift and stairs; and

·           A new driveway to Anglo Road.

 

Ground Floor

·           6 Boarding rooms;

·           A communal room; and

·           A lift and stairs.

 

First Floor

·           6 Boarding rooms;

·           A manager’s room; and

·           A lift and stairs.

 

Second Floor

·           7 Boarding rooms; and

·           A lift and stairs.

 

Note:-

·           Each room contains a bathroom and a kitchen;

·           All boarding rooms are capable of being occupied by two persons. The size of the rooms varies from 16m2 to 21m2); and

·           Two rooms are designed as adaptable units (Room 1.07 and Room 2.07).

 

Previous Approvals/History

 

There are no previous development consents relevant to this application.

 

Proposal Data/Policy Compliance

 

Division 3 – Boarding Houses of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (the SEPP) outlines the development standards for boarding developments.  The proposal is assessed against the SEPP in the following table:-

 

Site Area (619.7m2)

 

 

PROPOSED

LEP/SEPP

COMPLIES

Zoning

The subject is within R4 zone

R1, R2, R3, R4, B1, B2, and B4

Yes

 

Clause 29 – Standards that Cannot be Used to Refuse Consent

 

The SEPP states that a consent authority must not refuse consent to development to which this Division applies on any of the following grounds if compliance has been achieved.

 

 

LEP/SEPP

Proposed

Complies

Floor Space Ratio        (max)

(0.8+0.5 bonus given by Clause 29(1)(c)(I) of the SEPP) = 1.3:1

1.21:1

Yes

Building Height

12m

11.6m

Yes

Landscaped area

The landscape treatment of the front setback area is compatible with the streetscape in which the building is located.

The front setback of the proposed development is consistent with the streetscape of Greenwich Road.

Yes

Solar Access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

The proposed north facing living rooms would receive more than 3 hours direct sunlight between 9am and 3pm in mid-winter.

Yes

Private open space

One area of at least 20m2 within a minimum width of 3m is provided for the use of the lodgers.

 

 

 

 

 

 

 

 

One area of at least 8m2 with a minimum dimension of 2.5m is provided adjacent to the accommodation for a boarding house manager.

 

A 14m2 terrace with a minimum width of 1.9m adjacent to the communal room on the Ground Floor level is proposed for the lodgers.

The rear garden area of 84m2 below the terrace is also able to use as communal area.

 

The caretaker’s accommodation comprises a 8.75m2 balcony with the width of the balcony varying from 0.9m to 2.5m.

Yes

 

 

 

 

 

 

 

 

 

 

Acceptable

Parking

Not more than 1 car space per 10 boarding rooms and 1 car space for each employed person.

 

5 car spaces are required (19x0.2 +1=4.8=5)

6 Car spaces are proposed including a disabled car space.

Yes

Accommodation size

At lease 12m2 for a single room and 16m2 for any other case.

Room sizes vary from 16m2 to 21m2.

Yes

Bathroom and kitchen facilities

A boarding house may have private kitchen or bathroom but is not required to have those facilities in any boarding room.

All rooms have their own bathrooms and kitchens.

Yes

Clause 30 of the SEPP - Standards for Boarding Houses

 

The SEPP states a consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:-

 

 

SEPP Standards

Proposed

Compliance

(a)  Communal

       Living room

If a boarding house has 5 or more rooms, at least one communal living room will be provided.

The proposed boarding contains 19 rooms.  A communal living room with a size of 15m2 is proposed.

 

Yes

(b)  Maximum room size

No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25m2.

 

The sizes of each proposed rooms exclusive of bathrooms and kitchens are less than 25m2.

Yes

(c)  Maximum occupancy rate

No boarding room will be occupied by more than 2 adults lodgers.

19 double rooms are proposed.

Yes

Could be confirmed by a condition of development consent.

(d)  Bathroom and kitchen facilities

Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

A private bathroom and a kitchen are proposed for each room.

 

Yes

(e)  Boarding house manager

If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

A manager’s room is proposed at Unit 1.01.

Yes

(f)  (Repealed)

N/A

N/A

N/A

(g)  Boarding house on land within commercial zone

If the boarding house is on land zoned primarily for commercial purposed, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

 

The proposed boarding house is on land zoned residential.

N/A

(h) Bicycle and motorcycle parking

At least one parking space will be provided for a bicycle, and one will be provided for motorcycle , for every 5 boarding rooms.

 

4 Motor cycle parking spaces and 4 bicycle parking spaces are required

5 bicycle parking spaces are proposed in the basement carpark.

 

4 Motor bike spaces are proposed in the basement.

Yes

 

 

 

 

Yes

 

 

Referrals

 

Building Surveyor

 

Council Senior Building Surveyor provided the following advice:-

 

The openings in the northern external wall are required to have vertical separation and if this cannot be achieved, have a slab measuring 1100mm wide and project 450mm either side of the opening either form of vertical separation has not been achieved on the architectural plans.  The application is not supported in the current form and draft a draft condition has been imposed which requires full compliance with the Building Code of Australia (BCA).

 

Officer’s comment:-

 

The concerns raised by the Senior Building Surveyor related to the compliance with deem to satisfy provisions relating to fire safety in the BCA.  The applicant may able to use an alternative solution for the fire protection of the proposed building at the Construction Certificate stage of the development.  However, a draft condition requiring the development complying with the provisions of BCA is included in the draft conditions (Condition 7).

 

Manager Urban Design and Assets

 

Council development engineer has endorsed the application and provide draft conditions (Condition 37-53).

 

Tree Assessment Officer

 

The Senior Tree Assessment Officer provided the following advice:-

 

The proposed development consists of demolition of the existing house and construction of a boarding house with basement parking.

 

The proposed work requires removal of trees numbered 5 – 7 – 8 – 10a – 11 – 15 – 16 and 18. I have no objections to the removal of these trees. Note: tree numbers are correlated with the arborist report.

 

Tree 9 and Tree 12 are designated for transplanting. I have no objections to the removal of the Phoenix canariensis (Tree No: 12) but Tree 8 is worthy of retention and should be transplanted. I also have no objections to the removal and replacement of Tree 2. Specific tree protection Conditions of Consent will not be imposed on Tree 2 or Tree 12.

 

Trees numbered 1 – 13 – 14 – 19 and 20 must be retained. The positions of the tree protection fences in the Arborist Report by Andrew Morton (Appendix 5 Dwg No: T14-061601) must be erected prior to commencement of any work on site including demolition. Recommended Tree Protection Measures in section 10 of the report must be adopted for the duration of the development work.

 

Officer’s comment:-

 

Council’s Senior Tree Assessment officer raised no objections to the proposal and provided draft conditions (Condition 57-66). 

 


Waste Contract Coordinator

The waste contract coordinator advised that the proposal in its current form does not meet the waste management provisions of Part Q of the DCP. 

 

Amended plans to address the non-compliances would be required in draft conditions for the preparation of the Construction Certificate.

 

Officer’s comment:-

 

The recommended conditions are accepted and they are included in the draft conditions (Condition 67-73).

 

Manager of Traffic

 

Council’s transport planner provided advice as the follows:-

 

Parking

 

It is noted that the SEPP (Affordable Rental Housing) 2009 has a parking rate of at least 0.2 spaces per room in accessible areas and a maximum of 1 space per employee. Given the high level of accessibility to public transport services (two different train stations and several bus services), shopping facilities including a supermarket, a TAFE facility and a large hospital, the minimum parking rate should be used in the area. This would mean a total of 5 parking spaces (4 for residents and 1 for the caretaker/manager).

 

Since the Lane Cove Bicycle Plan proposes an off-road cycling lane on Greenwich Road in this location (likely to be located on the western side of the street), the proposed 5 (as shown on both Annexure A and B) cycling spaces is appropriate. The bicycle parking should be provided close to the car park entrance and would be better located where the motorcycle parking is proposed to allow for passive surveillance of the area.

 

All disabled car spaces in the public car park are to be adequately signposted and line marked, and provided in accordance with AS2890.6. Accessible spaces are required to have an at-grade common shared zone adjacent to the shared zone space to allow wheelchair maneuverability. This space is not shown on Annexure B. However provided that the space in front of the lift is provided at the same level as the accessible space without any steps or bollards, this will be suitable.

 

Officer’s comment:-

 

Council’s transport planner has endorsed the proposal and provided draft conditions (Condition 74-75).

 

Local Environmental Plan 2009

 

In relation to residential development, the LEP aims to provide a housing mix and density that is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development. 

 

The subject site is located within R4- High Density Residential.  Boarding houses are permissible within the zone and the proposed development meets the aims of the LEP.

 


Other Planning Instruments

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

As stated in the compliance table above, the proposed development complies with the development standards of the SEPP.

 

Lane Cove Development Control Plan

 

The development standards of the SEPP override the residential development requirements of the DCP.

 

The proposed development complies with the stormwater management requirements of the DCP and Council development engineer supports the proposal.

 

Section 94 Contributions

 

The proposed development would increase the population living on the site.  There would be 19 boarding rooms and a manager’s unit (20 rooms in total).

 

The S94 plan has specified the average number of people per dwelling, based on the number of bedrooms.  The occupancy rates are:-

·           2.8 persons per 3 bedroom detached dwelling house; and

·           1.2 persons per 1 bedroom unit in medium density developments.

 

The S94 contribution for the proposed boarding house development is calculated at the current rate of $9,636 per person (2014-2015) as the follows:-

 

20 x 1.2 x $9,636.00 = $231,264.00

 

The credit of an existing 3 bedroom dwelling house is $20,000 as the cap of the Reforms to Local Development Contributions stating a $20,000 per residential lot or per dwelling limitation local development contributions.

 

The overall required S94 contribution is:-

 

$231,264.00-$20,000.00 = $211,264.00

 

A condition requiring S94 contribution is included in the recommendation (See draft condition 11).

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (the BASIX SEPP)

 

A BASIX certificate was submitted with the development application as the requirements of the BASIX SEPP.  The compliance with the provisions of the BASIX certificate will be required by a draft condition (Condition 34).

 

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

 

The application does not seek to vary any of the relevant provisions of the SEPP, the LEP or the DCP.

 


Response to Notification (Section 79C(1)(d))

 

The development proposal was notified in accordance with Council’s notification policy.  In response to the notification of the proposal, 54 submissions and a petition with 51 signatures were received.  The issues raised in the submission can be summarised as follows.

 

·           The proposed development does not meet the planning principles of State Environmental Planning Policy No. 65 ( Design Quality of Residential Flat Buildings) (SEPP65)

 

Comment

 

The proposed building is not a residential flat building.  The Department of Planning NSW has advised Council that SEPP 65 does not apply to boarding developments.

 

·           The bulk and scale of the proposed building is excessive.

 

Comment

The proposed building height and FSR are below the maximum development standards permitted by the SEPP.  The SEPP encourages boarding house development by giving a 0.5:1 FRS bonus to this type of development in R4 zone.  The bulk and scale of the proposed building is therefore considered acceptable. 

 

·           Overshadowing.

 

Comment

The subject site is located at the south-eastern corner of Greenwich Road.  Two adjoining buildings are located at 30 Anglo Road and 80 River Road.

 

Impact on 30 Anglo Road

The adjoining building at 30 Anglo Road is located to the east of the subject site.  The shadow diagrams submitted with the development application indicate that the shadows of the proposed building would not cast shadow on the adjoining site until 3pm in mid winter.  The rear garden of 30 Anglo Road is shadowed by its owned building between 9am and 12.00 noon.  The solar access to the north elevation of the adjoining building at 30 Anglo Road would not be affect by the proposed development.  The shadows from the proposed building would fall into the rear garden area of 30 Anglo Road after 3pm which is considered acceptable. 

 

Impact on 80 River Road, Greenwich

The shadow diagrams a indicate that the shadows of the proposed building would cast shadow on less than 1/3 of the north elevation of the adjoining building at 80 River Road between 9am and 12.00 noon in mid winter.  The affected units in 80 River Road also have windows on their west elevations which would receive solar access from 12.00 noon. 

 

The proposed building is deemed acceptable as both adjoining developments receive adequate solar access as a result of this proposal, it is therefore considered that the proposed development would not create a significant over shadowing impact to two of the adjoining sites.

 

·           Visual impact to adjoining properties

 

Comment

The proposed building has a three storey appearance from Greenwich Road and a four storey appearance from Angola Road.  There is no significant view loss impact to adjoining buildings.  The SEPP does not limit the number of storeys, and the building is less than the LEP height requirement of 12m for the zone.

 

·           Privacy impact to adjoining properties

 

Comment

It is agreed that the external stairs and the terrace at the rear of the building would over look the rear garden of 30 Anglo Road to the east.  Privacy screens are recommended to be installed at the eastern edge of the terrace and the stair. 

 

Louvre sun shades are proposed to two corridor windows on the south elevation to reduce the overlooking impacts to the direct facing windows of the adjoining building at 80 River Road, Greenwich.  Other windows on the south elevation are high light windows and therefore acceptable.

 

The privacy of the adjoining property is able to be addressed by conditions of consent.  (Refer to draft condition 5).

 

·           Inadequate off street car parking provision

 

Comment

The proposal complies with the parking requirements of the SEPP.  The SEPP encourages boarding house developments in R4 zone and requires lower onsite parking provisions for lodgers.

 

·           Incompatible with the area character

 

Comment

The proposed development is different to the existing dwelling house developments in the neighbourhood.  However, site is within R4 zone.  The maximum permitted building height and FSR for the site in the LEP are higher than the adjoining sites to the east in Anglo Road and the SEPP encourages affordable housing developments in residential areas.  The proposal is consistent with the intended character of the SEPP/LEP in terms of height and FSR.

 

The use of the boarding house would be required to comply with the Plan of Management submitted with the development application to ensure the amenity of the adjoining properties (Condition 2).

 

Conclusion

 

The matters in relation to Section 79C considerations have been satisfied.  The proposed development complies with the development standards of the State Environmental Planning Policy (Affordable Housing) 2009 and would provide increased housing mix in Greenwich area. 

 

The various submissions are correct in their observation that this development proposal would be different to existing dwelling types in the area.  The SEPP – (Affordable Housing) 2009 provisions provide developers with rights and responsibilities when developing under this SEPP.  If the development proposed fully complies with the provisions of the SEPP, then Council cannot refuse the application on those grounds.  The generous development standards of the SEPP encourage affordable housing opportunities for individuals.  Notwithstanding the compliance with relevant SEPP and LEP standards there has been significant objection to this development proposal by adjacent and nearby residents.

 

The development application is recommended for approval subject to conditions.

 

 

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 DA14/119 for the demolition of a dwelling house and detached garage and the construction of a boarding house comprising 20 rooms on Lot A, DP 390969 and known as 22 Greenwich Road, Greenwich subject to the following conditions:-

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings with Job No. 1419, dated 5/08/2014, prepared by Fortey + Grant Architecture except as amended by the following conditions:-

 

-      Roof and Site Plan, DA-01, Amendment A;

-      Basement Plan, DA-02, Amendment A;

-      Ground Floor Plan, DA-03, Amendment A;

-      First Floor Plan, DA-04, Amendment A;

-      Second Floor Plan, DA-05, Amendment A;

-      North elevation, DA-06, Amendment A;

-      South Elevation, DA-07, Amendment A;

-      East Elevation, DA-08, Amendment A;

-      West Elevation, DA-09, Amendment A;

-      Long Section, DA-10, Amendment A;

-      Cross Section, DA-11, Amendment A

 

2.         The development must be carried out at all times in accordance with the Plan of Management submitted with the development application;

 

3.         All boarding rooms cannot be occupied by more than two adults at the same time and must not be used for back-packer type accommodation;

 

4.       The strata subdivision or community title subdivision of the development is not permitted;

 

5.         Privacy screens with a minimum height of 1.7m from the finished floor level must be installed at the eastern edges of the terrace and the external stairs at the rear of the proposed building prior to the issuing of the Occupation Certificate;

 

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

 

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

 

8.         (3) If there is a change of building use the provisions of Clause 78B of the Environmental Planning and Assessment Regulation 1998 must be complied with;

 

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 and Developing then Building and 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.       (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 $12000;

 

11.       (14) THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. 

 

The S94 contribution for the proposed boarding house development is calculated at the current rate of $9,636 per person (2014-2015) as the follows:

 

20 x 1.2 x $9,636.00 = $231,264.00

 

The credit of an existing 3 bedroom dwelling house is $20,000 as the cap of the Reforms to Local Development Contributions stating a $20,000 per residential lot or per dwelling limitation local development contributions.

 

The required amount of the S94 contribution is:

 

$231,264.00-$20,000.00 = $211,264.00

 

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

 

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

 

13.       (35)  Hours of Building Works

 

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

 

Monday to Friday (inclusive)         7am to 5.30pm

 

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

 

Sunday                                          No work Sunday or any Public Holiday.

 

14.       (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;

 

15.       (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;

 

16.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning and Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE;

 

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.  Notice must be given prior to the inspection being required:-

 

a)    The pier holes/pads before filling with concrete;

b)    All reinforcement prior to filling with concrete;

c)    The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;

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

e)    Installation of steel beams and columns prior to covering;

f)     Waterproofing of wet areas;

g)    Stormwater drainage lines prior to backfilling; and

h)    Completion.

 

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

 

a)    Underpinning;

b)    Retaining Walls;

c)    Footings;

d)    Reinforced Concrete Work;

e)    Structural Steelwork;

f)     Upper Level Floor Framing.

 

19.       (63) All metal deck roofs being of a ribbed metal profile or colour bond corrugated galvanised or include iron, in a mid to dark range colour and having an approved anti-glare finish.

 

20.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a)    The establishment of the first floor level;

b)    The roof framing; and

c)    The completion of works.

 

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

 

21.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

22.       (67) 

a)    The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties;

 

b)    Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

i)          A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties;

 

ii)         The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties;

 

iii)         With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval; and

 

iv)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

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

 

25.       (74) All demolition works being completed within a period of three (3) months from the date of commencement;

 

26.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item;

 

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

 

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

 

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

 

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

 

31.       (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;

 

32.       (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;

 

33.       (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;

 

34.       (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;

 

35.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application; and

 

36.       Six (6) car spaces including a disable car space to the use of residents and the manager must be provided on site at all times.

 

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’; and

 

44.       (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

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 Part O, Council's DCP-Stormwater Management;

 

46.       (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;

 

47.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council;

 

48.       (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;

 

49.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

 

(a)    seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties;

 

(b)   detail what measures are to be taken to protect those properties from undermining  during construction;

 

(c)   provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties.

 

       The above matters are to be completed and documentation submitted to principal      certifying authority prior to the issue of the Construction Certificate; and

 

(d)   Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

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

 

1.      New 1.5m wide footpath adjacent the entire frontage of Anglo Road and Greenwich Road;

 

2.      New Kerb and Gutter along the entire frontage of Anglo Road and Greenwich Road;

 

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

 

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

 

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

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

51.       (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

 

52.       (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.

 

 

53.       (V3) Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

Environmental Health Conditions

 

54.       (401) Demolition Works and Asbestos Removal/Disposal

 

The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-1991: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required;

 

55.       (404) Erosion and Sedimentation Controls – Major Works

 

Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness; and

 

56.       (406) Stabilised Access Point

 

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book).

 

Tree Protection Conditions

 

57.       (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove;

 

58.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on site, located in neighbouring properties or trees located in adjacent reserves that overhang the site, including the cutting of any tree roots greater than 40 mm in diameter;

 

59.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve;

 

60.       (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged;

 

61.       (new)  Trees numbered 1 – 13 – 14 – 19 and 20 must be retained. The positions of the tree protection fences in the Arborist Report by Andrew Morton (Appendix 5 Dwg No: T14-061601) must be erected prior to commencement of any work on site including demolition. Recommended Tree Protection Measures in section 10 of the report must be adopted for the duration of the development work;

 

62.       (new)  The project arborist (Level 5) must inspect and certify that all tree protection measures are correctly erected prior to commencement of any work including demolition. The Certification document must be obtained by the Authorized Private Certifier prior to start of work including demolition;

 

63.       (new)  A copy of the Arborist Report by Andrew Morton must be available on site for the duration of the development. Any tradesperson working within 6 metres of trees designated for retention shall be made aware of all tree protection specifications within the report, prior to commencement of works.

 

Bond on Street & Council Trees

 

64.      (new)  Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $8,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the four (4) street trees that are on the public road reserve immediately adjoining the land subject of this development consent.

 

The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said trees. If the cost of making good any damage caused to the said trees as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage."

The applicant shall contact Council’s Senior Tree Assessment Officer to have the street tree inspected and the Bond refunded following issue of the final Occupation Certificate. 

Landscape Conditions

 

65.      (new) The Landscape Plan by Conzept Landscape Architects (Dwg No:LPDA 15 – 06/2) dated July 2014 is to the satisfaction of Council and must be adopted as part of the development consent;

 

66.      (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

 

 

Waste Management Conditions

 

67.       Waste and Recycling Storage Rooms

 

(a)   Basement waste and recycling storage rooms must be provided and be of sufficient size to accommodate a total of 7x240l garbage bins and 4x240l recycling bins with adequate space for manoeuvring garbage and recycling bins:-

(i)      Minimum clearance between bins of 300mm;

(ii)      Minimum door openings of 1700mm; and

(iii)     Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room).

(b)   The floor of waste and recycling storage rooms (including  bulky waste storage rooms) must be constructed of either:-

(i)      Concrete which is at least 75mm thick;

(ii)      Other equivalent material; and

(iii)     Graded and drained to a floor waste which is connected to the sewer.

(c)   All floors must be finished to a smooth even surface, coved at the intersection of walls and floor;

(d)   The walls of waste and recycling storage rooms, bulky waste storage areas and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections;

(e)   All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock;

(f)    A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms;

(g)   All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin;

(h)   All waste and recycling and bulky waste storage rooms must be ventilated by either:-

(i)      Mechanical ventilation systems exhausting at a rate of 5L/s per m2 of floor area, with a minimum rate of 100l/s; and

(ii)      Permanent, unobstructed natural ventilation openings direct to the external air, not less than 1/20th of the floor area.

(g)   All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both outside and inside the rooms; and

(h)   Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.

68.       Bulky Waste Storage Room

Amended plans MUST show the bulky waste room to a minimum size of 20m2 and must be submitted to the PCA prior to the issue of a construction certificate.

(a)   A readily accessible bulky waste storage room(s) located near the main garbage rooms must be provided for the use of all residents:-

(i)      A bulky waste storage room(s) with a minimum floor area of 20m2 must be provided and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time.  Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to collection point.

 

69.       Access to Waste Collection Point

Amended plans MUST show the path of travel for waste collection vehicle and must be submitted  to the PCA prior to the issue of a construction certificate.

(a)   All waste must be collected on-site via on-site access by Council’s garbage collection vehicles:-

(i)      The location(s) of waste and recycling rooms & bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors;

(ii)      The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and maneuvering area.  This clearance must be kept free of any overhead ducts, services and other obstructions;

(iii)     The maximum grade of any access road leading to the waste and recycling collection point must not be more than 1:5 (20%).  The turning area at the base of any ramp must be sufficient for the maneuver of a 6.0m rigid vehicle to enter and exit the building in a forward direction; and

(iv)    Where security gates are proposed, a Council master key system must be installed to permit unimpeded access.

 

70.       Indemnity

(a)   Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages and any other demands arising from any on-site collection service.

 

71.       Composting/Worm Farming

Amended plans MUST show the location of the internal waste/recycling cupboards and must be submitted to the PCA prior to the issue of a construction certificate.

(a)   The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts. 

 

 

72.       Internal Waste Management

Amended plans MUST show the location of the communal composting/worm farming container and must be submitted to the PCA prior to the issue of a construction certificate.

(a)   Internal waste/recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling. 

 

 

73.       Provision of Waste Services

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

 

Traffic Management Conditions

 

74.       Parking

 

The proposed Car Park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.

 

The access to the public car park shall comply with Australian Standards. AS 2890.1-2004.

 

All disabled car spaces in the public car park are to be adequately signposted and line marked, and provided in accordance with AS2890.6.  The garbage collection area is to be clearly signposted and line marked, and provided in accordance with AS2890.2

 

75.       Construction Traffic Management Plan

Construction Management Plan: A Construction Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. The Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport. Heavy vehicles will not be permitted to travel on local roads unless prior Council permission is obtained from Council’s Traffic section.

The Construction Management Plan should specify proposed Work/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and approval of the Lane Cove Traffic Committee (LTC). It is recommended that the developer/builder check with Council’s Traffic Manager with respect to any LTC requirements on lodging the Construction Management Plan. The Construction Management Plan should also assess and address the impact of construction vehicles travelling through the surrounding road network.

(a)   A clear heavy vehicle access traffic route should be introduced showing the directions of heavy vehicles to and from the site and any heavy vehicle layover facility required to be specified during the various construction stages;

(b)   Any proposed Work Zones should be clearly shown on plans and application be made to Council in accordance with approvals required for the Works Zones, Crane Permits and other associated works. Wherever possible, construction vehicle parking should be contained within the site. Proposed Work Zones will require the approval of the Lane Cove Traffic Committee; and

(c)   Any construction vehicles exiting the site during demolition/construction should have their tyres washed in order to avoid any construction material, dust, etc coming in contact with the road pavement. 

 

The Construction Management Plan shall also address:-

·           An overall construction management program;

·           Construction traffic management;

·           Pedestrian management;

·           Hoardings;

·           Dust management

·           Sediment and erosion control;

·           Demolition, excavation and disposal of excess spoil;

·           Noise management measures;

·           Vibration management measures

·           Identification and disposal of hazardous materials/demolition materials;

·           Waste Management and recycling; and

·           Any other relevant matter nominated within this Notice.

The Traffic Construction Management Plan shall be submitted to Lane Cove Council for determination prior to any works that require the movement of construction vehicles and machinery to and from the site”.

All construction deliveries of building materials to and from the site to be restricted to the following off/peak hours:-

·           Monday to Friday (inclusive): 9.30am to 3.30pm

·           Saturday: 7.00am to 4.00pm

The traffic and parking activity during the construction phases shall be conducted in such a manner so as not to interfere with the amenity of the surrounding properties in respect of noise, vibration, dust and safety.

Any construction related machinery or trucks, (other than in an approved loading Zone), that are required to stand on the road or footway, (including unloading and loading of trucks and standing of any demolition or construction related machinery or plant), must be covered by an approved Stand Plant permit. Application for the permit is to be made 10 working days before the day of the related works. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

5 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

 

 


ATTACHMENT 1

Site Location Plans

 






ATTACHMENT 2

Neighbour Notification Plans