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Minutes

Independent Hearing and Assessment Panel Meeting

4 November 2014, 5:00pm

 


Independent Hearing and Assessment Panel 4 November 2014

Minutes

 

 

 

PRESENT:                 The Hon David Lloyd, Chairman, Mr David Johnson, Environmental Expert, Mr Kevin Hoffman, Planning Expert and Jane Blackmore, Community Representative

 

ALSO PRESENT:      Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Ms May Li, Senior Town Planner and Ms Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:  Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

 

Independent Hearing and Assessment Panel Reports

 

38-42 Burns Bay Road, Lane Cove

 

DETERMINATION

 

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

-     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

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.

(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 occupied 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.

·    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.

§ 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 amended 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;

§ Excavation of the site (face of excavation, base, etc)

§ Installation and construction of temporary and permanent shoring/ retaining walls.

§ Foundation bearing conditions and footing construction.

§ Installation of sub-soil drainage.

·    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 maneuvering 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

·    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.

 

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

 

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.

·           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 the subject development and surrounding commercial uses, such as 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.

 

 

76.       The western wall shall be wholly finished in a light colour of low reflectivity to the satisfaction of the Executive Manager, Environmental Services prior to the issue of the Construction Certificate.

 

 

The Panels vote was unanimous

 

 

22 Greenwich Road, Greenwich

 

DETERMINATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, development consent be granted 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 condition:

 

PART A – DEFERRED COMMENCEMENT CONDITIONS

 

Upon submission and endorsement by the Executive Manager, Environmental Services of amended plans to transpose the communal room and terrace to the Greenwich Road frontage, with consequential amendment to the landscaping plan to provide for the outside recreation space, the approval will be operative.

 

PART B – CONDITIONS OF CONSENT

 

Once operative the consent is subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the abovementioned amended drawings.

 

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.         Deleted

 

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

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.

 

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.

 

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’.

 

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.

 

(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 all damage caused to the kerb and footpath, road surface and naturestrip during the course of construction.

 

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.

 

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; &

(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; or

(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; or

(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.

(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.

(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.

(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. 

 

 

The Panel’s vote was unanimous

 

 

The meeting closed at 6.35pm

 

 

CHAIRPERSON