m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Independent Hearing and Assessment Panel Meeting

2 December 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 2 December 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 2 December 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 - 4 NOVEMBER 2014

 

 

 

Independent Hearing and Assessment Panel Reports

 

2.       388 Pacific Highway, Lane Cove. ........................................................................ 5

 

3.       51 Northwood Road, Northwood.................................................................. 34

 

4.       46-54 Gordon Crescent, Lane Cove............................................................. 106

 

Orders Of The Day  

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 2 December 2014

388 Pacific Highway, Lane Cove.

 

 

Subject:          388 Pacific Highway, Lane Cove.     

Record No:    DA14/157-01 - 63385/14

Division:         Environmental Services Division

Author(s):      Peter Walker 

 

 

Property:                                 388 Pacific Hwy, Lane Cove

 

DA No:                                    157/2014

 

Date Lodged:                          26 September 2014

 

Cost of Work:                          $300,000

 

Owner:                                    C Ahadizadeh Pty Ltd.

 

Applicant:                                Charles Ahady

 

 

Description of proposal to appear on determination

Alterations & additions to the existing retail building and change of use to a boarding house.

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

Stop the clock used

No

Notification

Neighbours                             382, 390-392, 396 & 398 Pacific Hwy and 1, 2, 3, 5 & 7 Gatacre Ave.

Ward Councillors                   East ward

Progress Association             Osborne Park Residents Association.

Other Interest Groups            Nil

 

Reason for Referral

 

The application is referred to IHAP given its unique nature, community concerns and that the previous boarding house application was also determined by IHAP.

 

Executive Summary

 

 

Site

 

The site is known as 388 Pacific Highway and is located on the south western side of the Highway and approximately 150 metres east of the main road intersection with the Gore Hill Freeway and the Lane Cove Tunnel.

 

The area of the site is 431.3m2 and the existing building on the property is a two storey commercial/retail premises that has been used for the sale of electrical goods and bedding. Adjoining the property to the north is a vacant 2 storey commercial/office building, to the west, a single storey dwelling house, whilst to the south and across Gatacre Ave is a retail shop premises (bicycle shop).   

 

Vehicular access to the property is from a driveway on the northern side of Gatacre Avenue close to the corner of Pacific Hwy with a second access (for egress) directly onto the Pacific Highway.

 

Site Location Plan and Neighbour Notification Plan attached (AT-1 and AT-2).

 

Proposal

 

The applicant seeks approval to retain the existing 2 storey retail building and convert for use as a 16 room boarding house by proposing the following works:-

 

External:-

 

 

Ground floor:-

 

 

 First floor:-

 

 

Previous Approvals/History

 

The building appears to have been constructed in the early 1960’s. The ground floor was occupied by retail shops with an approval granted in 1963 for a first floor coffee lounge. More recently a Chinese Restaurant occupied the northern portion of the ground floor.  

 

The more recent approvals are as follows:-

 

DA 223/1998 for change of tenancy was approved on 14 October 1998.

 

DA 13/174 for alterations to the existing building and a change of use of a portion of the building to be a boarding house and a portion of the ground level to be a retail space was refused by Council under delegated authority on 5 March 2014 with the following reasons:-

 

1.   The proposal does not allow for any retail/commercial car parking provision (6 required) on the site and with the with the limited and restricted on street car parking being available, it will have a direct impact on the amenity of the locality;

 

2.   The proposal fails to meet with objectives for onsite car parking for commercial development as required in Part D Clause 1.3 of the Lane Cove Development Control Plan 2010;

 

3.   The proposal does not allow for any commercial/retail loading and off loading facilities on the site and therefore it will impact on the amenity of the locality and as a consequence restrict the access to boarding house nominated car parking, motor bike and bicycle spaces on the site;

 

4.   The proposal fails to meet with the provisions of Part D Clause 1.3 of the Lane Cove Development Control Plan 2010 particularly sub clauses b), j), m) and p);

 

5.   The objectives for the R4 High Density Residential Zone as indicated in the Lane Cove Local Environmental Plan 2009 Part 2, is for high density residential land use activities with associated support facilities. It is considered that the continued use of part of the site for commercial/retail space does not complement the proposed boarding house and future residential land use and desired character for the locality; and

 

6.   A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control has not been provided with the application to enable the assessment of the construction program on the adjoining Pacific Highway and neighbouring road way system.

 

A section 82A review of the determination was considered by the Independent Hearing & Assessment Panel on 5 August 2014 where Council’s previous refusal was reaffirmed. 

 

 

Referrals

 

Manager Urban Design and Assets – 5 November 2014

 

Council’s Development Engineer reports:-

 

‘No OSD is required as there are no changes to the footprint of the existing building.

Where Council is to issue an approval the following conditions should be applied to the determination:’

 

(13 conditions were provided to be included with any consent issued)

 

Manager Parks

 

N/A

 

Senior Building Surveyor – 3 October 2014

 

‘I have assessed the above proposal against the deemed to satisfy provisions of the Building Code of Australia and advise that the proposal is capable of complying with the BCA. The access consultant has stated that the non compliance of a narrow width shared zone for the accessible parking will be the subject of an alternate solution under the BCA. Please insert the following conditions:

 

The existing building must be brought into conformity with Performance Requirements EP1.1, EP1.2 and EP1.3 of the Building Code of Australia (BCA), to protect persons using the building, and to facilitate their egress from the building, or to restrict the spread of fire from the building to other buildings nearby. Details of the design indicating compliance with the nominated Performance Requirements of the BCA must be provided to the certifying authority prior to the issue of a construction certificate.

 

Standard conditions:

 

‘1, 2, 17, 24, 35, 36, 37, 43, 58, 77, 78, 79, 137, 139, 141, 142.’

 

(These draft conditions will be imposed on any consent granted).

 

Environmental Health Officer – 13 October 2014

 

Councils Environmental Health Officer has reported on the proposal and has no objection to the development subject to 21 draft conditions. 

 

Waste Contract Coordinator – 3 October 2014

 

Councils Waste Contract Coordinator reports:-

 

‘Reference is made to the proposal located at 388 Pacific Highway, Lane Cove for alterations to convert an existing two storey building to a boarding house containing 16 rooms. 

The waste management arrangements for the development appear to be largely in line with Part Q of Council’s DCP.

Should Council decide to issue an approval, please place the following condition upon the consent:-‘

14 draft conditions are recommended to be imposed on any consent granted however a number of these conditions have already been recommended by Council’s Environmental Health Officer.

Further, it was recommended that a ‘bulky goods’ storage room and worm farm be provided on site. 

 

Officers comment:- 

The purpose of a Bulky Goods storage room is to temporarily house resident’s old and/or redundant whitegoods, furniture etc that is to be collected by Council or private waste contractors. This room may be of use in a residential flat building, however, the nature of a boarding house operation would see little or no use of this facility. The proposal does indicate a storage room at first floor level for use of the manager, it is considered this room is sufficient for the small scale of development proposed.

Officers comment:- 

With regards to the worm farm, the 16 bedroom boarding house is not a large operation, and the residents are likely to be temporary or only semi permanent. The likelihood of the manager & residents operating a worm farm in an efficient and/or hygienic manner is unlikely. It is considered that the requirement for a worm farm is more suited to a residential flat building where the residents are permanent and residents (or the body corporate) are prepared to manage the farm. It is considered the requirement for a worm farm not be applied to the current proposal.               

 

Roads & Maritime Service -  24 October 2014

 

The RMS has reported that:-

 

‘Roads and Maritime has reviewed the information submitted and notes that no new driveways or

modifications to the existing driveways are proposed as part of the subject development proposal.

Roads and Maritime provides the following comments to Council for its consideration:-

 

1.         The layout of the proposed car parking areas associated with the subject development

(including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle

lengths, and parking bay dimensions) should be in accordance with AS 2890.1− 2004;

 

2.         If not already existing, full time "No Stopping" restrictions are to be implemented along the

frontage of the development site on both Pacific Highway and Gatacre Avenue; and

 

3.         Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians

and cyclists travelling along the footpath.’

 

Officers comment:- 

 

With regard to condition 1, this condition has been covered in Council’s Traffic Planners conditions.

In relation to condition 2, full time no stopping restrictions already exist along Pacific Highway and Gatacre Avenue frontages and so this condition is not required.   

 

Condition 3 is still valid and will be attached to any consent granted. 

 

Traffic Planner - 13 November 2014

 

Council’s Traffic section has commented on the proposal:-

‘There is no Traffic Impact Statement attached to the Development Application due to the small number of trips that is likely to occur during both the AM and PM peak

 

The traffic, transport and parking comments and Consent Conditions are as follows:-

Parking and servicing

It is recognised that due to the adaptive re-use and the existing site constraints, parking will be limited on site. The Statement of Environmental Effects states that due to constraints with the existing building, tandem parking will be located on site. Part R – Traffic, Transport and Parking of the Lane Cove DCP prohibits tandem parking unless there are extreme extenuating circumstances. Tandem parking is not considered appropriate for this type of development and should be deleted.

The proposed Car Park design should comply with AS 2890.1-2004. This includes all parking spaces, including the accessible space. All disabled car spaces in the public car park are to be adequately signposted and linemarked, and provided in accordance with AS2890.6.

Planners comment:- 

The concrete apron at the front of the property serves as an existing loading/unloading area and customer carpark. No spaces are marked out at present and during 3 site inspections this informal arrangement appears to be functioning with traffic generation of the current use. Using Council’s Development Control Plan as a guide, the proposed use of a boarding house would generate less traffic than a retail use of the site, and given the significant constraints of the site, it would be impractical to require the entire front area to be given over to parking. It is considered that the front setback be designated a ‘shared zone’ where pick up/drop off could occur, some occasional parking in addition to use of the area by residents.     

Pedestrians / Cycling

The Lane Cove Pedestrian Access and Mobility Program (PAMP) and Lane Cove Bicycle plan encourages developments to improve pedestrian and cycling amenity within the area to encourage walking and cycling within the Council area.

Bicycle storage facilities are to be provided in the development as discussed in the Statement of Environmental Effects.

Construction Management Plan

5 draft conditions relating to the construction management plan were recommended to be imposed on any consent granted.’

 

Planning comment:-

The issue of tandem carspaces will be addressed later in this report under the section ‘Variations to Council’s Codes/PolicIes’.

 

Landscape Architect - 24 November 2014

 

As the plans for development indicated that the existing nature strip to Pacific Highway was to be landscaped (and this land is not strictly within the development site) Council’s Landscape Architect was consulted as to the cost of landscaping this area. An estimate of $3,500 was given for Council to landscape the area and a draft condition requiring this will be imposed on any consent issued.    

 

 

 

Other (Heritage, Waterways, Rural Fire Service)

 

N/A

 

Proposal Data/Policy Compliance

 

Site Area (431.3m2)

 

 

Local Environmental Plan 2009

 

 

Proposed

Control

Complies

Floor Space Ratio

1.175:1   (507m2)

4.1:1  (1768.3m2)

Yes

Height of Buildings

6.2m as existing

12m

Yes

 

FSR breakdown:- (using the current definition of floorspace)

 

Existing ground floor   -  244m2

Existing first floor         -   244m2

Ground floor proposed -  251m2  (plant room 5m2)

First floor proposed      -  256m2

                                         507 m2      

 

S.94 Contributions Plan

 

Council’s S.94 Contributions Plan clearly states that:- 

 

“Occupancy in a room in a boarding house is 1 person”

 

As the current commercial development does not have a residential component, the proposed 16 boarding house rooms generates a population increase of 16 persons.

 

The current contribution rate for the 2014 -2015 financial year is $9,636 per additional person.

 

$9,636 per person x 16 persons   =  $154,176.

 

Credit

 

A credit could be given for the existing commercial floorspace in the current development.

 

The existing floorspace (as calculated using the previous floorspace definition) amounts to 517m².

 

The current S.94 contribution for commercial floorspace is $97.34 per m².

 

Therefore 517m² x $97.34/= $50,324 credit for the existing floorspace.

 

The calculated S.94 contribution of $154,176 minus $50,324(credit) = $103,852

 

S.94 contribution required, taking into consideration a credit for the existing floorspace, is $103,852.00

 


State Environmental Planning Policy (Affordable Rental Housing) 2009 (the SEPP)

 

The SEPP states the aims of the policy as the follows:-

Aims of Policy

The aims of this Policy are as follows:-

(a)  to provide a consistent planning regime for the provision of affordable rental housing;

(b)  to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards;

(c)  to facilitate the retention and mitigate the loss of existing affordable rental housing;

(d)  to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing;

(e)  to facilitate an expanded role for not-for-profit-providers of affordable rental housing;

(f)  to support local business centres by providing affordable rental housing for workers close to places of work; and

(g)  to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.”

 

The SEPP also states the definition of boarding room means a room or suite of rooms within a boarding house occupied or so constructed or adapted as to be capable of being occupied by one or more lodgers.

 

Division 3 – Boarding Houses of the SEPP outlines the development standards for boarding developments.  The compliance is listed in the following table:

 

 

PROPOSED

LEP/SEPP

COMPLIES

Zoning

R4 – High Density Residential

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)

(1)       (a)  the existing maximum floor space ratio for any form of residential accommodation permitted on the land (4.1:1 in LEP)

 

1.175:1

Yes

Building Height

12m

6.2m

 

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 dominated by a driveway and car parking spaces with some landscaping & fencing.  However, the front setback is consistent with the adjoining commercial properties.

 

Acceptable

Solar Access

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

The  proposed northeast facing lounge room on the ground level 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 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 40m2 court yard at ground level is proposed for the lodgers

 

No private open space is proposed for the boarding house manager’s sole use.

Yes

 

 

 

As there are less than 20 rooms proposed, a room for the manager is not required.

Parking

(i)  In the case of development in an accessible area – at least 0.2 parking spaces are provided for each boarding room.(16 x 0.2 = 3.2 (rounded to 3 carspaces.)

 

(ii) In the case of development not in an accessible area – at least 0.4 parking spaces are provided for each boarding room, and

 

(iii)       In the case of any development – not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site. 

The site is deemed as accessible to public transport - 3 car spaces (tandem) are proposed at the front of the site.

 

 

N/A

 

 

 

 

 

N/A (Manager not resident)

Yes – However the area is to be designated a ‘shared zone’. 

 

 

N/A

 

 

 

 

 

N/A

Room size

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

 

The sizes of the proposed rooms are between 16m2 and 32m2.

 

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

A bathroom and a kitchenette are proposed for each room.

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 proposal contains 16 rooms.  A common room with a size of 14m2 is provided on the ground level.

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 maximum size of all the proposed rooms (minus kitchen & bathroom) is <25m2.  

Yes.

(c)  Maximum occupancy rate

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

No detail is provided

It is able to be addressed by a condition of 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 a kitchen is 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.

No caretaker’s accommodation is proposed

A condition can be imposed requiring  manager accommodation (& Council being notified) if the number of lodgers exceeds 20.

(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 purposes, 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 not on land zoned commercial

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

 

3 motor bike spaces and 3 bicycle spaces are required

6 bicycle spaces and 3 motor bike spaces are proposed at the front of the building 

Yes

 

 

 

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

 

In accordance with LEP2009, the site is zoned R4 - (High Density Residential), the proposal complies with both floor space ratio and height controls for the site. The proposal for alterations & additions to the existing commercial/retail building and conversion to a boarding house, a use which is permissible with consent in the R4 zone in accordance with the Land Use Table within LEP2009 and there are no other departures from the statutory controls of the LEP 2009.

 

Other Planning Instruments

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 (the ARH SEPP)

 

Division 3 of the ARH SEPP indicates the requirements and standards for a boarding house.

 

The proposal has been reviewed in regard to the ARH SEPP requirements in the preceding table contained within this report and it is considered that the proposal meets the standards within Clause 29 & 30 of the ARH SEPP.

 

State Environmental Planning Policy No 55 – Contaminated Land

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for commercial & residential uses, and, that the ground will not be significantly disturbed by the development proposed would substantially reduce the possibility of contamination. Accordingly it is considered that contamination of the site is unlikely. 

 

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

 

The plans were accompanied by BASIX Certificate (Cert No.507693M_02), and the commitments required are set out in the certificate to be applied to any Construction Certificate. The proposal therefore satisfies the policy and raises no further issues in this regard.

 

Applicable Regulations

 

Environmental Planning and Assessment Regulation 2000

 

The development involves some minor demolition of parts of the existing building. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-1991: The demolition of structures.  The matter is addressed by draft conditions of consent.

 

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.

 

Lane Cove Development Control Plan variations:-

 

1)   Health & Sustainability - Requirement for a bulky goods storage room & worm farm.

 

Planning comment:-

 

The condition for a bulky good storage room has been formulated for residential flat buildings to house large items, such as whitegoods & furniture for pick up by Councils waste contractors. Boarding houses by their nature, tend to provide items such as beds & mattresses, tv’s refrigerators, cookers & laundry facilities and so few (if any) large household items will be required by lodgers. The development will have a storage room (apparently for beds & mattresses) therefore it is considered the requirement for an additional room is unnecessary and can be deleted.

 

With regard to the requirement for a worm farm, a boarding house, with its transient and generally non permanent residents, the likelihood of lodgers managing a worm farm hygienically is unlikely therefore it is considered this requirement should be deleted.  

 

2)   Tandem carspaces

 

In Part R – Traffic & Parking Section 2.9 the DCP states that:-

 

‘Council does not support the use of tandem parking provision in new developments. Council may consider its use only in exceptional circumstances where it can be demonstrated:

 

a) That the use of tandem parking configurations will enable a reduced level of excavation

to preserve existing significant tree(s) and or natural landscape features on the site; AND

 

b) That the site’s shape is physically constrained, such that conventional parking

arrangements would not enable compliance with the parking provision requirements of

this DCP, and;

 

c) That the number of spaces in the tandem parking configuration does not exceed 10% of

the overall parking stock.

 

Planning comment:-

Council’s Traffic Engineer has taken the position that the current application is a ‘new development’ whereas it is considered that the proposal is more akin to a ‘change of use’ of the existing building with ancillary alterations and additions.

 

The existing building is to be retained with only a modest (24.5 m2) increase in floorspace. The existing retail shop has a commercial floorspace of 517m2, which, if built today would attract a parking requirement of 14 carspaces (13 spaces plus 1 disabled space). The current development does not meet these requirements (DA approval 53/92 approved 5 carspaces although no plan was submitted to show how this was achieved). The proposed development currently before Council only attracts a requirement for 3 carspaces albeit in a tandem arrangement.

It is considered as the current proposal would generate less traffic to the site than the current (or another) retail shop business, a tandem arrangement could be approved subject to a condition requiring the manager of the boarding house supervise the operation of this arrangement.             

 

The matter was again discussed with the Manager Traffic. It is possible to redesign the front setback area and parking as a shared zone to provide better flexibility of the use of the space. Given it would be appropriate for Council to review the amended arrangement, should the Panel wish to approve this proposal any consent is recommended as a deferred commencement consent.

 


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

 

One submission was received in response to the notification of the development application.

 

The objection was received from the residents of 2 Mafeking Ave, Lane Cove (Vice President of the Osborne Park Residents Association). The issues raised in the submission can be summarised as follows:-

 

1)   Use does not comply with objectives of R4 - (High Density Residential) zone.

 

Planning comment:-

Whilst the ‘highest and best use’ of the land may be a multi storey residential flat building with a 4.1:1 floorspace ratio, boarding houses are a permitted land use and do meet at least 3 of the objectives of the zone, namely:-      

 

•    To provide for the housing needs of the community within a high density residential environment.

•    To provide a variety of housing types within a high density residential environment.

•    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

2)   Pacific Hwy location requires tasteful design and landscaping, the proposed building is low scaled & ‘shabby’.

 

Planning comment:-

It is agreed that the current building has cosmetic issues (built in the very early 1960’s), the current proposal will refurbish the building and improve its appearance somewhat. Ultimately, it is likely within the medium term, that the land may be amalgamated with the residential dwelling houses in Gatacre Ave for a substantial residential flat development.

 

3)   If the matter is to be referred to IHAP, objectors would like to address the panel.

 

Planning comment:-

Noted, should the application be referred to IHAP, objectors have been informed and will be given the opportunity to address the panel.

Impacts of the Development (Section 79C Environmental Planning & Assessment Act 1979)

 

The proposed modifications to the existing building and change the use to a boarding house would not significantly increase overshadowing due to the existing zero setback on the western elevation and corner location. With regard to privacy, no windows would face the adjoining dwelling house to the west. There are no other adverse impacts that have not been addressed within this report.

 

In relation to design and the appearance, the modifications proposed have been assessed against Council’s Development Control Plan 2009 and it is considered the refurbishment of the existing building with some landscaping & fencing would enhance the existing older structure which is in need of upgrading.

 

Streetscape Improvement. This is an opportunity to improve the current untidy and poor presentation to the street for this site.

 

No other impacts of the development have been identified.   

 

 

 

Conclusion

 

The application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies.

 

The proposal complies with the objectives of SEPP – Affordable Rental Housing, the Lane Cove Local Environmental Plan 2009 and the requirements of Lane Cove DCP 2009 with the exception of the requirement for a bulky goods store and worm farm. Council’s policy on tandem parking is a further variation however this could be relaxed for the reasons outlined in this report. The variations would not result in any significant adverse impacts for the locality and are not considered to be contrary to the public interest, as such the variations could be supported.

 

(It is noted that the site has considerable potential for redevelopment and the current proposal is for adaptive reuse of the existing structure until such time as the current landowner and owners of the residential properties to the west amalgamate). 

 

It is recommended the application be approved subject to the following draft conditions.

 

 

 

RECOMMENDATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants “deferred commencement” development consent to Development Application 157/2014 for Alterations & additions to the existing building and change of use to a boarding house to Lot 1 DP 1065751 aand known as 388 Pacific Highway, Lane Cove subject to the following conditions:-

 

Part A – Deferred Commencement Condition

 

The consent shall not operate and it may not be acted upon until the Council is satisfied of the following matters:

 

1.         The redesign of the front setback & parking area to be a shared zone to include the following:-

 

·         3 carparking spaces (one being accessible for people with a disability) within the shared zone, the spaces are to be marked out and generally located adjacent to the Pacific Highway boundary so as not to obstruct access to the boarding house rooms;

·         The deletion of the 1.5m internal fence and inclusion of a 1.8m high masonry fence on the front boundary which meets the RMS requirements as follows:-

·         Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath”;

·         Relocation of the 3 motorbike & 3 bicycle spaces as required;  and   

·         Revised landscaping details.

 

2.         The balustrade at the first floor shall be a minimum of 1.2m high and obscure and shall be indicated on the plans.  

 

Evidence of the above matters must be produced to the Council within 12 months of the date shown, otherwise the consent shall not operate.

 

Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify you in writing if Part A of this consent has been satisfied and the date from which this consent operates.

 

Part B – Operative Consent Conditions

 

Subject to Part A being satisfied, a development consent and plans be issued, subject to the following conditions:-

 

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

 

Document

Prepared by

Plan No

Revision

TO BE AMENDED

Dated

TO BE ADVISED

Site plan

Dickinson Rothschild Design Pty Ltd

DA-101

 

 

Ground Floor Plan

Dickinson Rothschild Design Pty Ltd

DA-201

 

 

Level 1 Floor Plan

Dickinson Rothschild Design Pty Ltd

DA-202

 

 

Roof Plan

Dickinson Rothschild Design Pty Ltd

DA-203

 

 

Section AA

Dickinson Rothschild Design Pty Ltd

DA-301

 

 

East Elevation

Dickinson Rothschild Design Pty Ltd

DA-401

 

 

South Elevation

Dickinson Rothschild Design Pty Ltd

DA-402

 

 

West Elevation

Dickinson Rothschild Design Pty Ltd

A-403

 

 

 

except as amended by the following conditions:

 

2.       The strata subdivision of the boarding house is not permitted.

 

3.       No boarding house room is to accommodate more than 2 persons.

 

4.       Should more than 20 lodgers be accommodated in the boarding house at any time, Council is to be advised and boarding facilities for an onsite manager provided.

 

5.       The existing building must be brought into conformity with Performance Requirements EP1.1, EP1.2 and EP1.3 of the Building Code of Australia (BCA), to protect persons using the building, and to facilitate their egress from the building, or to restrict the spread of fire from the building to other buildings nearby. Details of the design indicating compliance with the nominated Performance Requirements of the BCA must be provided to the certifying authority prior to the issue of a construction certificate.

 

6.       The manager of the boarding house is to supervise the tandem carparking spaces to best utilise the limited parking available on site.

 

7.       The windows facing or adjacent to the Pacific Highway are to be glazed in accordance with the recommendations of the Traffic Noise Assessment Report prepared by Renzo Tonin & Associates dated 24 October 2013.

 

8.       The existing signage on the building is to be removed and any new signage is to be subject to separate application to Council.

 

9.       The owner shall pay Council the sum of $3,500.00 for the cost and labour to establish landscaping in the nature strip at the Pacific Highway frontage. Payment must be received prior to issue of the Construction Certificate. If the landscaping dies within a period of 3 years from establishment the owner shall pay for replacement planting.  

 

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

 

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

 

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

 

13.     (21) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 16 PERSONS 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 AMOUNT IS $154,176 AT THE CURRENT RATE (2014/2015 financial year) OF $9,636 PER PERSON and $97.34/m2.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

The population of the proposed use and credit for the existing commercial building:-

 

No. of bedrooms

Average occupancy rate (persons boarding house room)

Population

 

 

16 x boarding house rooms.

1 (Council’s s.94 plan states ‘occupancy rate in a room in a boarding house is one person’

16 x 1 = 16

 

Total Population

 

16 x $9,636 (current rate for 2014/2015)

= $154,176

Credit of existing Commercial/retail floorspace per m2

Contribution rate per m2 of floor space

 

517m2

$97.34

517m2 x $97.34 (current rate for 2014/2015)

Credit = $50,324

 

The net person increase would therefore be 16 persons ($154,176) minus a  commercial floorspace credit $50,324 = $103,852

 

Total contribution payable is $103,852. 

 

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.

 

14.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

15.       (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

           

16.       (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.

 

17.       (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.

 

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

 

19.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

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

 

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

 

23.       (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.

 

24.       (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.

 

25.       (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.

 

26.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate (Cert No. 507693M_02) lodged with Council as part of this application.

 

Waste conditions

 

27.     All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.

 

28.     All waste and recycling storage rooms must be ventilated by either:-

·           Mechanical ventilation systems exhausting at a rate of 5L/s per m2 of floor area, with a minimum rate of 100l/s; or

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

29.     All waste and recycling storage rooms must be provided with artificial light controlled by switches located both outside and inside the rooms.

 

 

Indemnity

 

30.     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.

Provision of Waste Services

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

 

Health conditions

 

32.     (402) Dust Control

 

The following measures must be taken to control the emission of dust:-

 

a)    Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work;

b)    Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter;

c)    All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system;

d)    All stockpiles of materials that are likely to generate dust must be kept damp or covered; and

e)    Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

33.     (403) Dust During Construction

Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences

 

34.     (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)

 

35.     (491) Clean water only to stormwater system

Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

36.     (493) The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

Waste conditions (Operational)

 

37.     (432) Garbage storage area – Commercial/Industrial

All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. The garbage area/room is to be well ventilated and meet fire safety standards in accordance with the Building Code of Australia. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

38.     (433) Garbage collection – Commercial/Industrial

Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

 

39.     (434) Litter Control

A sufficient number of garbage bins must be provided on the premises for garbage disposal.  Such bins shall be made of impervious material and shall have close – fitting, vermin – proof, fly – proof lids.  All waste bins are to be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory condition at all times and must not be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory conditions at all times and must not be stored or permitted to overflow into car parking or gardens areas.

 

40.     (435)  Garbage Room Location & Access

Garbage rooms shall:-

 

·           Be located in positions which will permit easy, direct and convenient access for the removal of garbage without creating a nuisance from dust, litter, odour and noise;

·           Not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage; and

·           Where possible be located within the main building.  Where this is not practicable due to noise levels or other exceptional circumstances, the garbage room shall be located in a position approved by the Principal Certifying Authority.  If it is proposed to make application to construct a detached structure, special attention shall be given to the aesthetics of the structure and its siting.

 

Details of appropriate recycling facilities must be provided, both in the communal garbage room and individual units.

 

41.     (437) Construction Requirements – Garbage Room

Garbage rooms used for the storage of garbage, and rooms used for the washing and storage of garbage receptacles, remain subject to the following requirements:

·         Floors of garbage rooms shall be constructed of concrete at least 75mm thick or other approved solid impervious material, graded and drained to an approved drainage outlet connected to the sewer, and shall be finished to a smooth even surface covet at the intersection with walls and plinths;

·         Walls of garbage rooms shall be constructed of approved solid impervious material and shall be finished to a smooth even surface coved at all intersections; and

·         Ceilings of garbage rooms shall be finished with a rigid smooth faced non-absorbent material capable of being easily cleaned.

 

Waste conditions (Construction)

 

42.       (439) Trade Waste Compounds – Construction and Demolition

The reuse and recycling of waste materials must be maximised during construction and demolition.

 

Minimum separation required is into 1) masonry products (bricks, concrete/ concrete roof tiles) to be sent for crushing/recycling and 2) mixed waste (paper, plastic etc) for landfill.

 

This can be achieved by constructing a minimum of two trade waste compounds on-site. Each waste compound must be adequately sized to enclose the waste. Alternatively, mixed waste may be stored in an adequately sized waste compound and sent to a waste contractor/waste facility that will sort the waste on

their site for recycling.           

 

Trade waste compounds shall be constructed with sediment fencing, shade cloth, wood or metal sheets firmly staked into the ground (a trade waste bin is also suitable). The location and size of the waste storage areas must also be shown on the site plan.

 

43.       (124) Submission of a Waste Management Plan detailing the types and approximate quantities of weekly waste produced on site, whether it is liquid, solid or gas; and the collection and disposal agreements for all recyclable materials including paper, cardboard, metal, oil, aluminium, P.E.T. and glass.

 

44.       (125)  Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material.  The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

45.       (126)  The waste cupboard within the dwelling is to be of sufficient size to hold a single day's waste and to enable source separation of garbage, recyclable and compostible materials.  Details are to be submitted PRIOR TO THE RELEASE OF THE CONSTRUCTION CERTIFICATE.

 

46.       (127)  Details of the location of the waste storage, recycling container storage area and position of compost bin are to be submitted PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

47.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

48.       (129)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under application D*.  These details are required as soon as practicable after demolition is completed.

 

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

 

Health conditions - Noise

 

50.     (441) Operation of Plant or Equipment

To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises.

 

All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.

 

51.     (442) Noise Control – Offensive Noise

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

 

52.     (443) Noise Control – Residential Air Conditioning units

          To minimise the impact of noise from the air conditioning unit, it shall be located 3 meters from the boundary and/or attenuated so that noise generated does not exceed 5db(A) above the ambient background level between 7am and 10pm on weekdays and 8am and 10pm on Weekends and Public Holidays.

 

           Any noise emitted by the air conditioning unit shall not be audible within a room of any residential dwelling or sole occupancy unit at any time within the hours of 10pm and 7am on weekdays and 10pm and 8am on weekends and public holidays.

 

53.     (444) Noise Control  – Car Park Security Grills

To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5db(A).  Notwithstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

54.     (445) Noise Control – Demolition Works

            Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

 

55.     (447) Noise Monitoring

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

 

56.     (448) Road Traffic Noise

The building must be designed and constructed so that road traffic noise levels comply with the satisfactory design sound level in Australian/New Zealand AS/NZS 2107:2000 Acoustics – Recommended design sound level and reverberation times for building interior, with windows and doors closed.

 

57.     (449) Mechanical Ventilation of Rooms

If the noise level with the windows and doors open exceeds the above noise criteria by more than 10dB(A), an approved system of mechanical ventilation must be provided.

 

58.     Noise mitigation measures must be implemented to ensure noise from the developments demolition, excavation and construction works are in accordance with the requirements of  the NSW EPA Industrial Noise Policy. The construction of all windows, sliders, insulation, walls and roof and the provision of ventilation are to be in accordance with the Acoustic Assessment report prepared by Renzo Tonin, dated October 2013.

 

Ventilation:

 

59.       (450) Ventilation

  To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:-

 

a)    The Building Code of Australia;

b)    AS 1668 Part 1 and 2 – 1991; and

c)    Protection of the Environment Operations Act 1997.

 

  A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

 

60.       (451) Odour Control

  To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997.

 

61.      (453) Ventilation – Garbage Rooms

  Garbage rooms shall be ventilated by:-

 

a)    an approved system of mechanical exhaust ventilation in accordance with the requirements of the Building Code of Australia and Australian Standard AS 1668;

b)    permanent unobstructed natural ventilation openings with contact direct to the external air, having an aggregate area of not less than 1/20th of the floor area.  One half of the openings shall be situated at or near the floor level and one half at or near the ceiling level; and

c)    Where permanent natural ventilation openings are provided the openings shall be designed to prevent the entry of rainwater.

 

62.      (457) Fresh air intake vents

  All fresh air intake vents must be located in a position that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

 

63.       (458) Exhaust air discharge vents

All exhaust discharge vents must be located in a position where no nuisance or danger to health will be created and at least 6 metres from any fresh air intake vent or natural ventilation opening

 

64.       (459) Exhaust air discharges

The composition, direction and velocity of the exhaust air discharged from the exhaust vents must be such that no nuisance or danger to health will be created.

 

General Engineering Conditions

65.     (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.

 

66.     (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. 

 

67.     (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.

 

68.     (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.

 

69.     (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.

 

70.     (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.

71.     (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’.

 

72.     (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.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

74.     (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with AS3500 and the requirements of Part O, Lane Cove Council’s DCP-Stormwater Management.

 

75.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $6000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

76.     (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

 

77.     (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. 

 

Traffic conditions

 

78.     The proposed Car Park design should comply with AS 2890.1-2004. This includes all parking spaces, including the accessible space. All disabled car spaces in the public car park are to be adequately signposted and linemarked, and provided in accordance with AS2890.6.

Construction Management Plan

79.     If heavy vehicles are to be used on the site, a new Construction Management Plan will need to be approved by the Traffic Section prior to construction. This new plan will need to show the proposed heavy vehicle movements. Heavy vehicles will not be permitted to travel on local roads unless prior Council permission is obtained from Council’s Traffic section.

Any new 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.

80.     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.

 

81.     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.

 

82.     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

83.     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.

 

84.     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. 

 

Roads & Maritime Services Conditions

 

85.       The layout of the proposed car parking areas associated with the subject development

(including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle

lengths, and parking bay dimensions) should be in accordance with AS 2890.1− 2004.

 

86.       If not already existing, full time "No Stopping" restrictions are to be implemented along the frontage of the development site on both Pacific Highway and Gatacre Avenue.

 

87.       Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians            and cyclists travelling along the footpath.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

3 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


ATTACHMENT 1

Site Location Plans

 




ATTACHMENT 2

Neighbour Notification Plan

 



Independent Hearing and Assessment Panel Meeting 2 December 2014

51 Northwood Road, Northwood

 

 

Subject:          51 Northwood Road, Northwood    

Record No:    DA13/72-01 - 71340/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                       51 Northwood Road, Northwood

 

Section 96 No:              DA 13/72A (Section 96 modification)

 

Date Lodged:                5 August 2014

 

Cost of Work:               Additional $46,500 to the original approved development (total development value of $611,500)

 

Owner:                          JMO (Australia) Pty Ltd

 

Applicant:                      Buildworx

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 (S96) modification to development consent DA 13/72 relating to the dwelling house building design.

ZONE

R2 – Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a, 10a & 10b

STOP THE CLOCK USED

Yes – 70 days

NOTIFICATION

The S96 proposal was notified in accordance with Council’s notification policy between 14 August 2014 and 28 August 2014.  Refer to the attachment for the side location (AT1) and notification plans (AT2).

 

 

Reason For Referral

 

The S96 application is referred to Lane Cove Independent Hearing and Assessment Panel (IHAP) for determination in view of the concerns raised by the adjoining neighbours. The concern is that the construction of the dwelling house is not being carried out in accordance with the original approved plans. 

 

This S96 application was lodged after Council issued a stop work order in July 2014. 

 

 

 

 

Executive Summary

 

Development consent DA 13/72 for the construction of a part 2 and part 3 storey dwelling house, a carport and a swimming pool was granted on 26 November 2013.  Refer to Attachment 3 for the consent and approved plans (AT-3).

 

The S96 proposal seeks consent to amend the building design of the dwelling house.  Refer to the Attachment 4 for the S96 plans (AT-4).

 

The S96 proposal would alter the building height and the FSR of the original approved dwelling house.  The approved landscaping would remain unchanged.  It would increase the size of the rear terraces and planter boxes on the rear terraces. 

 

8 adjoining and nearby neighbours raised objection to the S96 application.

 

The assessment has revealed that the proposed amendments would not alter the nature of the original development for the construction of a dwelling house with a carport and swimming pool. 

 

Council is able to grant consent for retrospective building works under a S96 application. 

 

The S96 application is recommended for approval subject to the deletion of the pergola on the first floor rear terrace and reducing the FSR to 0.5:1.

 

Site

 

The subject site is located on the western side of Northwood Road between Arabella Street to the north and James Street to the south.

 

A dwelling house is currently under construction on the site. 

 

Surrounding developments comprise a combination of single and two storey dwelling houses. 

 

Proposal

 

The S96 application involves amendments to the building design of the dwelling house approved DA 72/2013.  The proposed amendments are as follows:-

 

Lower Ground Level

·      Extension to the floor area of Bedroom 4 and lounge.

·      Modification to the shape of the rear deck

·      Increase in the width of the outdoor rear stairs.

 

Ground Level

·      Extension to the dining and lounge area

·      Modification to the shape of the rear terrace

·      Addition planter box to the rear edge of the terrace

·      Relocation of a kitchen window on the south elevation.

 

 

First Floor

·      Extension to the rear terrace

·      Additional pergola over the rear terrace. 

 

Refer to the AT-4 for the proposed plans.

 

Previous Approvals/History

 

A development application for the construction of a dwelling house was approved on 26 November 2013.  12 specific conditions were imposed in the development consent requiring amendments to the design of the dwelling house, car port and swimming pool.  Refer to Attachment 5 for a copy of the assessment report (AT-5).

 

A Construction Certificate for the construction of the development was issued by a private certifier on 10 May 2014.  The approved Construction Certificate plans incorporate the amendments required by the conditions of consent.

 

Lane Cove Council issued an Order under Section 121B of Environmental Planning and Assessment Act 1979 to the owner of the property on 17 July 2014.  The order specified the unauthorised building works being carried out on the site.  Refer to Attachment 6 for the order (AT-6).

 

Proposal Data/Policy Compliance

 

Site Area (550m2)

 

Local Environmental Plan 2009 (LEP)

 

Provision

Standard

S96 proposed

Approved

Complies

FSR

0.5:1

0.53:1

0.44:1

No

Height of Building

9.5m

10.2m

9.5m

No

 

Note:-

·         The gross floor area (GFA) in the S96 proposal is 290m2 which exceeds the maximum permitted GFA of 275m2 by 15m2; and

·         The building height at the pergola on the first floor is 10.2m which exceeds the maximum permitted building height of 0.7m.

 

Land Cove Development Control Plan (DCP)

 

Provisions

Requirement

S96 proposed

Approved

Complies

Front setback (min)

Consistent with area or 7.5m

As approved

4.6m

Yes

 

Secondary street setback (corner lots)

2m

N/A

N/A

N/A

Side setback (min)

1.2m for single storey

1.5m for 2 storey

As approved

1.2m for the carport

1.5m for the house

Yes

Rear setback (min)

<1000m²: 8m or 25%

>1000m²: 10m or 35%

10.2m

13m

Yes

Wall Height (max) (maximum parapet of

7.0m

0.6m

As approved

1m

South side: 9.1m

N/A (Pitched roof proposed)

No

No

Maximum Ridge height

9.5m

10.2m

9.3m

No

Subfloor height (max)

1.5m

2m

2.6m

No

Number of Storeys (max)

2

Part 2 and 3

 

Part 2 and 3

No

Landscaped area (min)(Minimum width of 1m required to be included in area)

35%

As approved

40%

Yes

Cut and Fill            (max)

1m

Fill: 1.5m

Cut: 1.2m

Fill: 1.4m

Cut: 0.9m

No

No

Solar Access

3 hrs to north-facing windows between 9am -3pm on 21 June

Additional shadow of the proposed dwelling house cast on the dwelling house at 53 Northwood Road from 9.0am to 3.0pm

The shadow of the proposed dwelling house will be cast on the dwelling house at 53 Northwood Road from 9.0am to 3.0pm

No

Provide for view sharing

 

All adjoining properties would have their views to Lane Cove River

All adjoining properties would have their views to Lane Cove River

Yes

Deck/Balcony depth (max)

3m

3m

3m

Yes

Private open space

24 m² (min)

4m minimum depth

Rear garden area of 220m2 including swimming pool and decks

Exceeds 24m2 with a width that  exceeds 4m

Yes

Basix

Required

As approved

Provided

Yes

 

Fences

 

Provisions

Requirement

S96 proposed

Approved

Complies

Front and side return fence (solid and open design) height (max)

Solid: 900mm

 

Lightweight: 1.2m

Brick based with metal infill panel to a height of 1.2m

0.9m high fence with 300mm high base and 600mm high infill panel

Yes

Piers width (max)

350mm

As approved

470mm

No

Setback from front boundary if fence is from 1.2m to 1.8m.

Entire fence- 1.0m setback from front boundary

N/A

N/A

N/A

Side and rear fences

1.8m

North: Not specified

South: 900mm solid fence to the southern boundary

North:0.9m-1.8m

 

South: 0.9m-2.7m

To be conditioned to comply

Yes

 

Car Parking

 

Provision

Requirement

S96 proposed

Approved

Complies

Off-street spaces (min)

2

2

2

Yes

Driveway width

3m at the lot boundary

5.5m

5.3m

No

Acceptable for the access to the double carport

Driveway width (battle-axe lots) (min)

3m

N/A

N/A

N/A

 

 

Carports within the Front Setback & Garages Facing the Street

 

Provision

Requirement

S96 proposed

Approved

Complies

Setback of Carport Posts (min)

1m from street boundary

As approved

1m

Yes

% of Allotment Width (garages & carports)

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

5.5m

5.3m

Yes

 

Referrals

 

Manager Urban Design and Assets

 

The S96 proposal would not alter the stormwater management of the approved development.  Referral to the development engineer is not required.

 

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

 

The subject site is located within R2 – Low Density Residential zone.  Dwelling houses are permissible within the zone.  The S96 proposal involves amendment to the design of the dwelling house which would retain the original use as per the consent. The nature of the approved development as a dwelling house would not be altered by the S96 modifications. 

 

The S96 amended proposal is therefore considered substantially the same as the originally approved development and meets the zoning objectives of the LEP.

 

Notwithstanding the compliance with the zone objectives of the LEP, the S96 proposal does not meet the building height and FSR standards of the LEP on the merit objectives of the DCP.

 

Building height

 

The maximum permissible building height for the site is 9.5m in accordance with Clause 4.3 of the LEP.

 

The proposed pergola on the rear first floor terrace has a height of 10.2m and exceeds the building height standard by 0.7m.

 

Clause 4.6 – Exception to the development standard states development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard.

 

The applicant has not submitted a written request for the exception to the building height standard of the LEP nor made a case for the breaches proposed..  Council is therefore unable to grant consent to the S96 application for to exceed the building height standard. 

 

It is recommended that the pergola on the rear first floor terrace be deleted. 

 

FSR

 

The maximum permissible FSR for the site is 0.5:1 in accordance with Clause 4.4 of the LEP.

 

The proposed development with a GFA of 290m2 would result in an FSR of 0.53:1.  The S96 proposal exceeds the FSR standard of the LEP.

 

The applicant has lodged a written submission requesting an exception to the FSR standard of the LEP in accordance with Clause 4.6 of the LEP.  The statement seeks to justify the contravention of the development standard with the following reasons:-

 

 

Officer’s comment:

 

The S96 modification would increase the GFA of the dwelling house over three levels by 15m2.  The additional planter boxes and the amendment to the shape of the rear deck and terraces increase the building length.  The amendment to the length of the southern elevation including planter boxes is indicated as the follows:

 

Level

S96 proposed

Approved

Addition

Lower Ground

16.3m

9.7m

6.6m

Ground

17.3m

13.7m

3.6m

First

8.7m

8.1m

0.6m

 

The additional length to the building would increase the bulk and scale of the development and create additional shadowing to the adjoining dwelling house at 53 Northwood Road, Northwood.

 

The shadowing diagrams submitted with the S96 application indicate that the north facing windows of 53 Northwood Road would not receive any sun light between 9am and 3pm in mid winter.  The additional shadows of the S96 additions would further reduce the solar access to the rear garden of 53 Northwood Road, Northwood and reduce the amenity of the adjoining neighbour. 

 

The justification for the exception to the FSR standard fails to consider resultant adverse impacts and the proposed exception to the development standard would in these particular circumstances create increased bulk and reduce amenity to adjoining properties.

 

The FSR of the development should comply with the LEP standard and the request for the exception to the FSR standard is not supported.

 

It is recommended that the GFA of the development be reduced to 275m2 and such to be confirmed by Council prior to the issue of the Construction Certificate.

 

Other Planning Instruments

 

N/A

 

Applicable Regulations

 

N/A

 

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

 

The compliance tables in the previous section of the report have indentified the non-compliances with the provisions of the LEP and the DCP.

 

The exception to the building height and FSR standards of the LEP has been discussed in the previous section of the report. 

 

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

 

The S96 proposal was notified in accordance with Council’s notification policy.  8 submissions were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows:-

·         FSR exceeds the allowable 0.5:1

 

Officer’s comment:-

 

It is agreed that the FSR of the S96 proposal fails to meet the development standard of the LEP.  The variation to the LEP standard is not well found and is not supported.

 

·         The proposed dwelling house exceeds 2 storeys.

 

Officer’s comment:-

 

Bedroom 4 on the lower floor level extends within the under croft plant room area and would result in this section of the building being 3 storeys.  However, the extension would not create any additional bulk to the original approved dwelling house envelope and is supported.

 

·         The bulk, height and scale are excessive

 

 

 

Officer’s comment:-

 

The S96 proposal would increase the bulk to the top level as the height and scale of the original approved development is exceeded.  The amendments to the top level are not supported.

 

·         Shadowing

 

Officer’s comment:-

 

The S96 proposal would create additional unacceptable shadow to the rear garden of the adjoining property at 53 Northwood Road, Northwood.

 

·         The S96 proposal would create additional over looking impact to the adjoining properties.

 

Officer’s comment:-

 

The overlooking impact to the adjoining properties has been addressed by draft conditions requiring privacy screens and planter boxes on the upper levels of the rear terraces and treatment to the windows in the original consent. 

 

·         The Section 96 application seeks consent for retrospective building works on the site.

 

Officer’s comment:-

 

Council is able to grant consent for S96 applications which involve retrospective building works if the proposed amendments are supportable.  It is noted that the balconies exceed Council’s DCP controls, approval to the as constructed configuration, have been certified as compliant by the Private Certifier.

 

All submissions were taken into consideration during the assessment process.

 

Conclusion

 

The matters in relation to Section 79C and Section 96 considerations of the Environmental Planning and Assessment Act 1979 have been satisfied. 

 

The S96 application seeks consent to modify the design of an approved dwelling house on the subject site.  The amended development would not alter the nature of the original development as a dwelling house.  However, it would increase the bulk and scale of the development and would not meet the building height and FSR standards of the LEP.

 

The applicant has not lodged a written request for the exception to the building height standard and Council is unable to grant consent to the development without an acceptable submission justifying the exception to the development standard.  The written request for an exception to the FSR standard of the LEP does not demonstrate that the proposal would achieve a better planning outcome.  Therefore, neither variation to the LEP controls is supported.

 

The compliances with both building height and FSR standards would require amended plans.  The S96 application is therefore recommended for approval subject to conditions requiring the following amendments to the design which:-

 

a.    Reduce the FSR to comply with the LEP; and

b.    Deletion of the pergola on the first floor.

 

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent DA 13/72 granted on 26 November 2014 for the construction of the dwelling house, carport and swimming pool on Lot 12, DP 737405 and known as 51 Northwood Road, Northwood is amended in the following manner:

 

A.               By amending condition 1 to read as the follows:-

“1.        (20) That the development be strictly in accordance with drawings dated 09-07-14, prepared by Accurate Design and Drafting except as amended by the following conditions:-

 

·         Site Plan, Sheet 1, Issue A;

·         Pool Deck Level, Sheet 2, Issue A;

·         Lower Ground Floor Plan, Sheet 3, Issue A;

·         Ground Floor Plan, Sheet 4, Issue A;

·         First Floor Plan, Sheet 5a, Issue A

·         Front and Rear Elevations, Sheet 7a, Issue A;

·         Side Elevations, Sheet 8, Issue A;

·         Section A-A, Sheet 9a, Issue A;

·         Section B-B, Sheet 10a, Issue A;

·         Section C-C, Sheet 11, Issue A; and

·         Fence, Sheet 12, Issue A.”

 

By inserting the following conditions:-

 

“1A     Amended plans to be submitted

Amended plans and specifications incorporating the following amendments are to be submitted and confirmed by Council as correct, PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

(a)        The maximum gross floor area (GFA) of the development must not exceed 275m2.  The GFA on the Ground Floor and the First Floor of the dwelling house must be reduced by a total of 16 m2 from the plans specified in Condition 1 to achieve compliance with the FSR standard of 0.5:1 of the LEP; and

 

(b)        The pergola on the rear terrace on the first floor must be deleted.”

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

AT‑3 View

Copy of original consent dated 26 November

13 Pages

 

AT‑4 View

S96 Plans

11 Pages

 

AT‑5 View

Delegated Authority Report dated 2 December 2013

34 Pages

 

AT‑6 View

Order under Section 121B of the EP&A Act 1979

2 Pages

 

 


ATTACHMENT 1

Site Location Plan

 


ATTACHMENT 2

Neighbour Notification Plan

 



ATTACHMENT 3

Copy of original consent dated 26 November

 

 

 

26 November 2013

                                                                                                              Our Ref:  AT:nb DA72/13

 


Mr Jon Ormaechea

20 Cromerty Place

GLENHAVEN   NSW   2156

 

 

Dear Sir,

 

Notice of Determination of Development Application issued under the Environmental Planning and Assessment Act 1979, Section 81(1)(a)

 

Development Application No.  DA72/13

Address:  51 Northwood Road, Northwood

Proposed Development:  Construction of a dwelling house on four levels, a swimming pool and a front fence.

 

You are advised that the abovementioned development application has been approved by Council subject to the following conditions:

 

Plans 

 

1.         (20) That the development be strictly in accordance with drawing numbers:-

 

·         12-597/1, 3, 5 - 8 and 13 - 20, dated February 2013, by Peter John O’Brien and Associates; and

·         001948TM Issue A, dated 21.03.13, by Urban Landscape Planners Pty Ltd except as amended by the following conditions.

 

Specific

 

2.         In order to reduce its visual impact, the pitched roof of the dwelling house is to be replaced with a flat roof.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.         In order to reduce the potential to overlook the adjoining properties at 49 and 53 Northwood Road, the following privacy measures are to be implemented:

 

·         A privacy screen 1.7m high above the FFL is to be attached along the south side of the rear deck and both rear terraces; 

·         Both kitchen windows and the dining room window on the south elevation, and the lounge window on the north elevation, are to have either attached vertical louvers angled towards Woodford Bay, or obscure glass up to 1.7m above the FFL of these rooms, or a high-level sill to this same height; and,

·         Native screen planting with a height when planted equivalent to 1.7m above the FFL of bedroom 4 on the south elevation is to be provided in front of this window.

           

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.         In order to ensure that the side setback of the dwelling house complies with cl. 1.3.2 a) II of the DCP 2009, the privacy screen to the ground floor planter is to be setback 1.5m from the site’s north side boundary.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce its visual impact on the adjoining neighbour, and to ensure compliance with cl. 1.3.2a) I of the DCP 2009, the carport slab is to be:

 

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.         In order to reduce its overall impact on both of the adjoining properties at 49 and 53 Northwood Road, and to ensure compliance with cl. 1.10.1g) of the DCP 2009, the swimming pool concourse:

 

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.         In order to restrict  its entertainment potential and the potential adverse acoustic impact on adjoining properties, and thereby also ensure compliance with cl. 1.8.2c) of the DCP 2009, the useable depth of the rear ground floor level terrace is not to exceed 3m at any point.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

8.         In order to reduce its potential adverse impact on the adjoining neighbour at 53 Northwood Road, the return of the front boundary fence along the site’s south side boundary is not to exceed a height of 900mm above existing ground level at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

9.         In order to reduce its overall impact on the adjoining neighbour at 53 Northwood Road, the  dwelling house undercroft is to be fully enclosed on its south side with brick, or masonry, and its external finish is to match that of the south elevation, and the side setback area landscaped to screen the width of this undercroft up to the level of the ground floor at the time of planting.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

10.       In order to reduce the overall impact on the adjoining neighbour at 53 Northwood Road, the rear lower ground floor level deck and ground floor level terrace are to be squared - off.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

11.       The use of the building, and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units), shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use of the building, and its plant and equipment, shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 minute noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

12.       In order to reduce its visual impact on all adjoining neighbours, all exposed sides of the swimming pool are to be fully enclosed with a concrete finish, and fully screened with new plantings. These requirements are to be shown on relevant plans submitted with a Construction Certificate.          

 

General

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

16.       (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

17.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, swimming pool and front fence.

 

18.       (35)  All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

           

19.       (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.

 

20.       (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.

 

21.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

22.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:-

 

a)         The name, address and telephone number of the Principal Certifying Authority;

b)         The name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         A statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

24.       (52) The swimming pool being surrounded by a fence:-

 

a) that forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) that is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

           

            The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

25.       (53) The filter and pump being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise, Council may prohibit the use of the unit under the provisions of the Protection of the Environment Operations Act 1997.

 

26.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

27.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

28.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

29.       (62) All glazing is to comply with the requirements of AS 1288.

 

30.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

31.       (64) A check survey certificate is to be submitted at the completion of:

 

* each residential level;

* the roof framing; and

* 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.

 

32.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

33.       (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:-

 

(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.

 

34.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

35.       (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

36.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

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

 

39.       (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 7m from the specified item.

 

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

 

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

 

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

 

43.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

44.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application. These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

45.       (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.

 

46.       (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.

 

47.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

48.       (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.

 

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

 

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

 

51.       (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.

 

Landscaping

 

52.       (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500 for an individual and $3,000 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

53.       (302)  The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height located on the property, or in neighbouring properties, including the cutting of any tree roots greater than 40mm in diameter.

 

54.       (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.

 

Engineering

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

58.       (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.

 

59.       (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.

 

 

60.       (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.

 

61.       (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’.

 

62.       (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.

 

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

 

64.       (W2) Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Part O of Lane Cove Council’s DCP - Stormwater Management.

 

65.       (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian Standards.

Note:

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

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

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

66.       (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 of Council's DCP - Stormwater Management.

 

67.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties, including all Council infrastructures, located within 5m 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 Principal 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.

 

68.       (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

69.       (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 carport shall be determined by Council.

 

70.       (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.

 

71.       (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.

 

72.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2,000 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.

 

73.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

Engineering condition to be complied with prior to Occupation Certificate

 

75.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

   Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP - Stormwater Management. 

 

The reason for Council’s consent being subject to the aforementioned conditions is to ensure that the proposal complies with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations thereunder and the Building Code of Australia and does not adversely affect the amenity of the area and/or the character of the neighbourhood.

 

This consent is to operate from 26 November 2013.

 

This consent is to lapse unless activated prior to 26 November 2018.

 

If you are dissatisfied with this determination you may:

 

(a)        apply to Council to review its decision under Section 82A of the Environmental Planning and Assessment Act 1979.  Such application must be made within six (6) months after the date on which you received this notice provided that an appeal under Section 97 of the Environmental Planning and Assessment Act, 1979 has not been made against this determination.

 

(b)        appeal to the Land and Environment Court against the determination under Section 97 of the Environmental Planning and Assessment Act 1979, such appeal must be lodged within six (6) months after this notice.

 

Council recommends that you discuss these options with the relevant Council officer before acting.

 

Section 97 of the Environmental Planning and Assessment Act 1979 does not apply in the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

 

Should you require any further information or assistance please do not hesitate to contact Council’s Town Planner, Andrew Thomas, by telephoning 9911 3649.

 

Yours faithfully,

 

 

 

 

May Li

Acting Manager, Development Assessment


ATTACHMENT 4

S96 Plans

 












ATTACHMENT 5

Delegated Authority Report dated 2 December 2013

 

Subject:          51 Northwood Road, Northwood    

Record No:    DA13/72-01 - 47324/13

Division:         Environmental Services Division

Author(s):      Andrew Thomas 

 

 


Property:                     51 Northwood Road, Northwood

 

DA No:                                    72/13

 

Date Lodged:              10.5.13

 

Cost of Work:              $565,000

 

Owner:            Jon Ormaechea at time of lodgement, and subsequently JMO (Australia) Pty Ltd 

 

Applicant:                    Jon Ormaechea

 

 

Description of proposal to appear on determination

Construction of a dwelling house on 4 levels, a swimming pool and a front fence.

Zone

R2   Low Density Residential

Is the proposal permissible within the zone?

 

Yes

Is the property a heritage item?

No

Is the property within a conservation area?

No

Is the property adjacent to bushland?

No

Bca classification

Class 1a and 10b

Stop the clock used

Yes: 3.6.13 – 7.6.13

Notification

Neighbours                              45 - 55 and 62 - 68 Northwood Road; 1 and 2 Wyndara Place; 1, 2 and 2A Holden Street; and 6 and 8 Bayview Street.

Ward Councillors                    East

Progress Association              Northwood Action Group

Other Interest Groups             N/a

 

Executive Summary

 

·         The subject site is a vacant lot with an area of 550m2 and a fall of 13m;

·         Development on the site is constrained by a rock face 3.5m high that divides the site into two distinct sections. The dwelling house and an attached carport are proposed on the upper section close to the street, and a swimming pool is proposed on the lower section at the rear of the dwelling house;

·         Although the proposed dwelling house complies with the development standards for both height and FSR under the LEP 2009, the proposal overall has a number of non-compliances with the DCP 2009 e.g. in relation to wall and undercroft height, number of storeys, solar access and some side setbacks;

·         Some non-compliances can be addressed by draft conditions, and others reduced;

·         Three submissions have been received from neighbours, two of which are from adjoining neighbours. The proposal would have most impact on the adjoining property to the south of the site, at 53 Northwood Road (No.53). The owners of this property have made a number of submissions stating their concerns, and have engaged an architect who is critical of the applicant’s shadow plans and height interpretation;      

·         The applicant and the owners of No.53 have reviewed the latter’s concerns, and the applicant has agreed to address most of those of an incidental nature. These incidental concerns can be addressed by draft conditions without the need for revised plans. However concerns relating to non-compliances with wall height and solar access remain;

·         The concerns of the other two neighbours can, in part, also be addressed by draft conditions; and

·         Despite the proposal’s non-compliances with the DCP, and notwithstanding the concerns of the owners’ of No.53, the proposal is recommended for approval as it is a reasonable development on a difficult site, and is similar to some neighbouring dwelling houses.     

 

Site

 

The site is an irregular rectangle with a frontage of 15.7m to Northwood Road, side boundaries of 33.6m and 40.3m, an area of 550m2 and is vacant.

 

The site has a fall of 13m from its front to its rear boundary and is divided into two sections by a rock face 3.5m high. The upper section has a gradual fall of 3m over a distance of 19m to the top of the rock ledge; it has no trees and would appear to be mostly rock. The lower section is below the rock face and it has a fall of 6m over a distance of 17m to the site’s rear boundary; it includes a number of rock outcrops, and close to the rear boundary are some small-medium sized trees, bushes and ferns. Parallel too, and abutting the site’s rear boundary, is a drainage easement 1.5m wide.

 

The site is located on the west side of Northwood Road, opposite this street’s intersection with Upper Cliff Road. There is a dwelling house on each side of the site, and another along its rear boundary. Generally neighbouring dwelling houses are located close to the street frontage, and some have rear decks supported by steel frames that create high undercrofts. These decks provide a level passive area on sites that are steeply sloping, and views of Woodford Bay, the Lane Cove River and the CBD

 

The locality is residential with an eclectic mix of dwelling houses that vary in age, design, materials, height, bulk and scale that range from single to 3 storeys.  

 

Proposal

 

The proposal seeks development consent for a dwelling house, an attached carport, a swimming pool and a front fence.  Details of the proposal follow.

 

Dwelling house

 

This would have 4 levels as follows:-

 

 

The dwelling house would be of full brick and brick veneer construction, and would include lightweight cladding and a slate tiled pitched roof. The front section of the upper level, and the front entry, would both have a flat metal roof. The entry roof would extend to within about 1m of the front boundary.

 

Carport

 

The proposed double carport would have a flat metal roof. It would be attached to the front of the dwelling house, and accessed by a replacement crossing from Northwood Road. Its slab level would be consistent with the level of the existing crossing, and would extend to the site’s south side boundary, and its rear corner would accommodate garbage and recycling bins.  

 

Swimming pool

 

The proposed concrete swimming pool would be located at the rear of the proposed dwelling house at the foot of the rock face on the lowest/pool deck level. Although most of the pool would cover a rock shelf, part of it would extend over the steeply sloping ground beyond. It would be accessed by a proposed set of exterior stairs that would link it to the lower ground floor level above. The pool would:-

 

Most of the pool coping would be close to the level of the existing rock shelf. By contrast, its timber concourse would have a variable height of between about 2m and 3.7m at its rear corners. Although the concourse would be setback 1.5m from the site’s southern side boundary, it would abut its  northern boundary.   

 

The rock face would be retained as a backdrop to the proposed pool.

 

Front fence

 

A fence is proposed along the front boundary that would:-

   

The front fence would return along both sides of the front yard. By contrast both side returns are proposed in brick, and as each side would address the fall of the site, the return would have a height up to 1.8m along the north side and 2.7m along the south side.

  

Previous Approvals/History

 

The site is vacant and has no development history relevant to the proposal.

 

However by way of background to the current site circumstances, an elevated single storey dwelling house previously existed on the site. Part of this building was destroyed by fire in the last few years, and the remainder has been demolished.

 

A version of the proposal was the subject of a Pre – DA earlier in the year, and further comments (concerns) were provided to an initial revised design. Although a further revision was expected, the owner/applicant submitted this proposal.

 

Proposal Data/Compliance: LEP 2009 and DCP 2009

 

Site area: 550m²

 

Dwelling house

 

 

Proposed

LEP Standard*/ DCP provision

Complies

FSR* (max)

0.442:1

0.5:1

Yes

Overall height* (max)

9.473m

9.5m

Yes: and subject to draft condition 2 requiring a flat roof, overall height would be reduced.

Wall height (max)

North side: 7.6m

 

 

South side: 8.4m - 9.1m

7m

No, in part: however, whilst both side facades have sections above 7m, each section is minor.

Front setback (min)

Dwelling house: 4.592m

Covered entry: 1m 

Consistent with area or 7.5m

 

Yes: because the proposed dwelling house is behind the previous building line of 3.3m, and its proposed covered entry is an incidental item of no streetscape significance.

Side setback (min)

North: 1.5m, except for a cantilevered privacy screen that is setback 1m.

South: 1.5m, except for the carport slab that would have a nil setback.

 

 

 

 

Single storey: 1.2m

 

Two storeys: 1.5m

Yes subject to draft conditions 4 and 5 to ensure that the privacy screen and car -port slab are setback 1.5m and 1.2m respectively to ensure compliance.

Rear setback (min):

 

Average depth is 37m, and therefore 25% of this is 9.25m

 

 

 

Varies between 8.405m and 10.065m

 

 

<1000m²: 8m or 25%, whichever is the greater – the latter is the greater at 9.25m

 

 

Yes: although <1m2 of the swimming pool concourse is within the rear  setback line, draft condition 6 would ensure compliance.

Subfloor height (max)

2.6m

1m

No, in part, but reasonable

Number of storeys (max)

Part  2 and 3

2

No, in part, but reasonable

Landscaped area (min)

40%

35%

Yes

Cut and fill (max)

Dwelling house:

 

* cut  = 900mm

* fill = about 1.4m

 

 

1m

 

 

 

 

Yes

No, but reasonable subject to draft condition 5 that would lower the carport slab, and therefore fill, by 250mm

Solar access (min)

 

Less than 3 hrs to the only remaining north - facing (habitable) window, and a reasonable proportion of the recreational areas of the adjoining premises.

 

3 hrs to north - facing (habitable) windows, and a reasonable proportion of the recreational areas of adjoining premises between 9am and 3pm on June 21.

 

A reduction may be accepted for adjacent development if the topography and lot orientation is such that the 3 hour standard is unachievable.

 

No, but reasonable given the overall height, bulk and scale of the proposal; the significant fall and orientation of both the subject site and the adjoining site that would be affected by shadow; and, the shadow cast by the previous dwelling house on the subject site.

Deck/balcony depth (max)

Generally 3m except for the northern end of the rear ground floor level  terrace that has a depth of between 3.75m and 3.9m

3m

Yes, subject to draft condition 7 that would reduce the useable depth of the northern section of this terrace to 3m

Private open space (min)

Exceeded

 

Minimum depth = 3m

24m²

 

4m depth

Yes

 

No, but reasonable due to overall area

BASIX Certificate

Supplied

Required

Yes

 

 

 

 

 

 

 

Front fence

 

 

Proposed

DCP provision

Complies

Front and side return fence (max height)

Front boundary: 900mm, with a 300mm high base and a 600mm high infill panel.

 

Side returns:

 

North: 900mm – 1.8m

 

 

 

 

 

 

 

 

South: 900mm – 2.7m

900mm if solid, and 1.2m if part solid and predominantly see-through

 

 

 

Yes

 

 

 

 

 

 

 

No, but reasonable due to the fall of the front yard, and because it would face a detached garage on the adjoining site.

 

Yes, subject to draft condition 8  that would reduce overall height to 900mm to ensure compliance

 

Car parking and carport within the front setback

 

 

Proposed

DCP provision

Complies

Off-street spaces (min)

2

Yes

Driveway width

5.3m

3m at the kerb

No, but similar to existing (about 5.1m), and is reasonable to access the double carport.

Setback of posts (min)

1.05m – 3.56m

1m from street boundary

Yes

% of allotment width (15.675m)

  6m

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

Yes

Design criteria

All 4 design requirements satisfied

4 design criteria relating to:

* open design

* a non-trafficable roof

* open security gates

*setback of posts

Yes

 

 

 

 

 

 

 

 

Swimming pool

 

 

Proposed

DCP provision

Complies

Location

Behind the building line and generally on a rock ledge

Behind the front building line and not on elevated decks

Although its location complies, and part of its concourse would be elevated, draft condition 6 would increase part of both side setbacks to ensure compliance.

Setback to neighbour’s house (min)

>9m

3m to waterline

Yes

Setback to boundary (min)

North: 2.362m – 1.818m

South: 3.373m – 4.7m

1m to waterline

Yes

Height (max), and on steeply sloping sites (max)

 

 

 

North side: 2m (rear corner)

South side: 3.7m (rear corner)

1m

1.8m   

No, in part, although

draft condition 6 would  increase part of both side setbacks to ensure compliance.

Setback from boundary if coping is above existing ground level (min)

North:  Nil

 

South: 1.5m

Coping to be set back at a ratio of 1:1

No, in part, although draft condition 6 would ensure compliance.

Setback from trees >5m in height (min)

Not an issue

3m

 -

Location of pool pump/ filter

Within an undercroft in the front half of the dwelling house.

As far as practical from neighbouring properties.

Yes, but also subject to draft condition 9 to ensure undercroft is enclosed on south facade.

 

Referrals

 

Development Engineer

 

Has confirmed that no OSD system is required as the site is within Council’s exclusion zone.

 

Recommends conditions that address stormwater, changes to the existing driveway and excavation, amongst others of a more general nature.


 

Senior Tree Assessment Officer

 

Has no objections to the proposal, and confirms that neither the site, nor neighbouring properties, contain trees that would be affected by the proposed works.

 

Recommends conditions that require the Landscape Plan submitted with the proposal to be included in the list of plans if the application is approved, amongst others of a more general nature. 

 

Lane Cove Local Environmental Plan 2009 (the lep)

 

In relation to the LEP the proposal:-

 

 

The proposed development satisfies the relevant objectives for the R2 zone because:-

 

 

Environmental Planning and Assessment Regulation 2000 (the Regs)

 

The proposal involves the removal of concrete steps adjacent to the rock face that provide access between the site’s two sections. The Regs prescribe safety standards for demolition and compliance with AS 2601 – 2001. Draft condition 42 (79) is included to address this requirement.

 

SEPP 55: Remediation of Land

 

The subject site and adjoining sites are zoned residential. Given the types of use permissible within residential zones, it is unlikely that the subject site would be contaminated.

 

Deemed State Environmental Planning Policy Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP 2005)

 

(i) Aims and planning principles

 

The proposal would:-

 

 

 

(ii)  Matters for consideration

 

The proposal would satisfy the following relevant clauses.

 

(a) Clause 20 - General

 

The application has addressed the relevant matters.

 

(b)  Clause 21- Biodiversity, ecology and environment protection

 

The proposed dwelling house would have a similar visual impact viewed from the Lane Cove River (Woodford Bay) as a number of neighbouring dwelling houses.

 

A proposed 5,000 litre rainwater tank would reduce stormwater leaving the site from entering the Lane Cove River. Council’s Development Engineer has recommended draft conditions to address stormwater disposal that are included in the Recommendation to this report.

 

The submitted landscape plan proposes additional landscaping on the site whilst retaining most of the existing trees, bushes and shrubs in the rear yard, and this plan is recommended for approval.  

 

(c) Clause 25 - Foreshore and waterways scenic quality

 

The scale, form, design and siting of the proposal are reasonable having regard to:-

 

·         The topography of the site with its two distinct sections; 

·         Some neighbouring dwelling houses;

·         The locality which contains dwelling houses  with 2 and 3 storeys or levels; and

·         The eclectic mix of dwelling houses in the area.

 

(d)  Clause 26 - Maintenance, protection and enhancement of views.

 

The proposal would have a negligible impact on the existing water views from the adjoining dwelling house on the north side of the site at 49 Northwood Road, and it would not affect the existing water views of any other neighbouring property on either side of Northwood Road, or in Wyndarra Place. Further, as the site does not allow for any head-on views of the Lane Cove River (Woodford Bay), the proposed dwelling house would not interfere with a public vista.  

 

Development Control Plans

 

1.   The Foreshores and Waterways Area Development Control Plan 2005 (the DCP 2005)

 

Part 3 of the DCP 2005 addresses Landscape Assessment. The site is within an area of Sydney Harbour defined as Landscape Character Type 9 that are areas with natural foreshores interspersed with more developed areas. Development within this area should retain its natural features, and only development consistent with the scale, design and siting of that which exists is to be encouraged.

 

As the subject site is set back about 150m from the foreshore of Woodford Bay, and as the site has no significant trees, the proposal would not raise any issues in relation to the area’s landscape character type. The proposed dwelling house would occupy a similar footprint as the dwelling house that previously existed on the site; it would also be of a similar height, bulk and scale as some neighbouring dwelling houses; and, it would not result in any adverse cumulative impacts.

 

Part 5 of this DCP addresses Design Guidelines for Land – Based Developments. A review of the proposal in relation to the relevant clauses follows.

 

(i)   Clause 5.3: Siting Of Buildings And Structures

 

The proposal would satisfy the relevant criteria because the site does not provide a public vista, and the proposed dwelling house would not obstruct public views. 

 

(ii)  Clause 5.4: Built Form

 

The proposed dwelling house would generally be sympathetic to its surroundings, and its height, bulk and scale would be similar to the scale of some neighbouring dwelling houses.

 

Although under this Policy a flat roof is not usually preferred and a pitched roof is proposed, draft condition 2 requires the proposed dwelling house to have a flat roof so as to reduce its overall visual impact viewed from the street. Further, draft condition 30(63) is included to prevent roof glare.

 

The setback of the site from Woodford Bay, and the height, bulk and scale of the proposed dwelling house, would ensure that the proposed development would not have an adverse impact viewed from its foreshore. Its construction materials are consistent with some dwelling houses in the area, and it would not break the ridge line along this part of Northwood Road that is dominated by mature trees viewed from Woodford Bay.  

 

(iii) Clause 5.6: Planting

 

The submitted landscape plan confirms that the proposed landscaped area would exceed that required under the DCP 2009. Further, the landscape plan proposes trees in both the front and rear yards, and this plan is recommended for approval.

 

2.  The Lane Cove Development Control Plan 2009 (the DCP)

 

Part C.1 Objectives for dwelling houses

 

The proposal satisfies the objectives for dwelling houses under the DCP because:-

 

·         It increases landscaping;

·         It addresses the site’s topography by locating most of the dwelling house on its front section and a swimming pool below a rock face, and it is compatible with some dwelling houses in the area; and

·         Its design achieves a reasonable level of amenity for its occupants and for all 3 adjoining neighbours because private open space areas are combined with the retention of existing screen planting that would be supplemented by planting along the site’s rear boundary, and privacy screens and window treatments would be supplemented by draft conditions that would further increase the privacy of both adjoining neighbours.

 

Non - compliances 

 

The preceding policy assessment tables identify those provisions that the proposal does not comply with. Each departure is discussed below.

 

1.         Dwelling house

 

(i)         Wall height

 

Although part of both side facades of the proposed dwelling house would exceed a height of 7m, this non-compliance is supported for the following reasons:-

 

o   It would be similar to the height, bulk and scale of some dwelling houses on the same side of Northwood Road and elsewhere in the area, and both its height and FSR comply with these  LEP standards; 

o   Although its front elevation is articulated and reasonably proportioned, draft condition 2 would require its pitched roof to be replaced by a flat roof so as to reduce its visual impact to the street; and,

o   In addition to measures included in its design that would reduce potential overlooking of the adjoining property on each side of the site, draft condition 3 would also require additional privacy screens and other windows to be treated to further reduce potential overlooking of both adjoining properties; in addition, light spillage should not be a significant issue, and loss of views is not an issue; and, overshadowing of the adjoining property at 53 Northwood Road is reasonable (see later comments under the sub-heading (v) Solar access); and also because,

 

(ii)   Storeys and sub - floor height

 

The proposal would exceed 2 storeys along part of both side elevations because of a sub  - floor level.

 

The 3rd storey created by the sub - floor on the north facade would have a maximum height of 1.7m and a width of 4.5m or about 30% of the facade, whilst on the south facade it would have a maximum height of 3.5m and a combined width of 8.5m or about 60% of the facade. However these inter-related non - compliances are supported for the following reasons:-

 

·         For those same reasons stated under (i) Wall height above; and because,

·         The 3rd storey is due to the sub-floor level and no part of the dwelling house would have more than 2 residential storeys;

·         Because of the fall of the site; and

·         Some neighbouring dwelling houses that address the fall of the site on this side of the street result in a similar sub - floor level.

 

(iii)   Side setback

 

Whilst the side setback to the exterior wall of the proposed dwelling house complies, the cantilevered privacy screen for an indented elevated ground floor level courtyard would only be setback 1m from the site’s north side boundary. In addition, the carport slab is proposed with a nil setback from the opposite side boundary.

 

Draft conditions 4 and 5 are included so that the setback of this screen and the carport slab are increased to 1.5m and to 1.2m respectively to ensure compliance. 

 

 

 

 

 

(iv)       Rear setback

 

The length of the site’s side boundaries differ and 25% of their average length would give a rear setback line of 9.25m. By contrast, 25% of each side boundary would give an angled rear setback line of 8.4m on the north side and 10m on the south side.

 

About 1m2 of the proposed timber swimming pool concourse would be within the rear setback line under the first approach, but would fully comply under the second.

 

Irrespective of the approach taken to calculate the rear setback line, as draft condition 6 would require the rear corner of the swimming pool concourse to be setback 2m from the north side boundary and 3.7m from the south side boundary or, alternatively, the concourse to be setback at a ratio of 1:1, the proposal would comply with either approach. 

     

(v)          Solar access

 

Although the only remaining habitable/bedroom window (the other window is a WIR) of the adjoining dwelling house at 53 Northwood Road  (No. 53) , and its recreational areas,  would not receive the minimum required solar access of 3 hours between 9am and 3pm on June 21, the non-compliance is supported because:-

 

·         In relation to Amenity objectives, the solar access provided to this neighbouring dwelling house and to its recreational areas - including its attached rear balcony (that is under construction) and backyard swimming pool - would be reasonable based on the overall height, bulk and scale of the proposed dwelling house, and the constraints due to the subject site’s topography and the consequent additional shadow that this would cause; and because,

·         The topography and lot orientation of both the subject site and the adjoining site are such that to achieve the 3 hour solar access provision would result in a dwelling house lower in height and possibly smaller in both bulk and scale than the proposed dwelling house even though the proposal complies with both the height and FSR standards under the LEP;      

·         To reduce the overall height of the proposed dwelling house would require excavation that might destabilise the site’s main rock outcrop;

·         The bedroom window of No. 53 would receive slightly more sun than received because of the shadow cast by the previous dwelling house, and this bedroom has a front window that would provide morning sun; and,

·         It would be expected that the existing swimming pool in the rear yard of No. 53 would be overshadowed due to the additional fall in level between it and the dwelling house on the subject site: however, although the proposal would cast shadow over most of this pool for most of the day on June 21, it would be in almost full sun from about 1.30pm until 3pm; under the circumstances, this amount of solar access is reasonable; and, 

·         Part of the existing deck was in shadow from the previous dwelling house all day on June 21, particularly up until lunchtime, whilst the approved elevated balcony that is under construction on the level above would be in full sun at 9am on this day, but in shadow for a substantial part of the remainder of this day.          

 

(vi)  Depth of deck

 

Although the proposed dwelling house includes an elevated rear deck or terrace on all 3 residential levels, only the depth of the northern section of the rear ground floor level terrace exceeds the maximum depth of 3m.

 

However draft condition 7 is included to ensure that its proposed useable depth is reduced to 3m.

 

 

 

(vii)  Private open space (POS)

 

Although the proposed dwelling house has a rear terrace off a major living area on two levels with an area of about or exceeding 24m2 , both terraces have a useable depth of less than 4m. Despite the non-compliance with the depth provision, both areas of POS are supported because:

 

·         In relation to Amenity objectives, both terraces would receive reasonable solar access; and, subject to draft conditions 3 and 7, would provide both reasonable visual and acoustic privacy to adjoining neighbours by minimising the overlooking under the former, and reducing the entertainment potential under the latter; and because

·         As both terraces are elevated more than 1m above ground level, cl. 1.8.2c) of the DCP restricts the depth of each elevated terrace to 3m.

 

(viii)     Fill

 

About 45m3 of site material (mainly rock) is proposed to be excavated and relocated under the carport slab, resulting in fill with a maximum depth of about 1.4m. However, no objection is raised to this non-compliance because in relation to the objectives for fill:-

 

·         No landscaping would be affected;

·         As a consequence of draft condition 5 that would require the carport slab to be lowered by 250mm, the depth of fill would be reduced to about 1.15m, or only marginally more than the maximum, and this fill would taper off to ground level towards the front of the carport slab;

·         It would allow the carport slab to be consistent with the level of the street which is an issue with only a short driveway length available to access the carport;

·         The potential impact on the amenity of the adjoining neighbour at 53 Northwood Road can be reduced by screen planting required under this same draft condition; and

·         Due to the extent of rock within the site, it would have minimal  impact on existing water run – off patterns.    

 

2.         Swimming pool

 

All of the proposed swimming pool concourse would abut the site’s north side boundary, and its rear southwest corner would not be setback as required from the site’s south side boundary. However, draft condition 6 is included to ensure that the concourse is setback from both side boundaries in accordance with the DCP 

 

3.         Car parking

 

No objection is raised to the non-compliance with the width of the proposed driveway because:

 

·         In relation to car parking objectives:

o   the proposal provides the required on-site parking for 2 cars;

o   the proposed attached double carport would be consistent with the proposed dwelling house and it would have a reasonable impact on the streetscape, and its front setback is consistent with the front setback of the garage of the previous dwelling house; and, because,

·         It would be similar to the width and position of the existing driveway crossing; and,

·         It is supported by Council’s Development Engineer.  

 

 

4.         Front  fence

 

The fence along the front boundary complies because its height does not exceed 900mm. By contrast, both of its side returns exceed the maximum 900mm height provision for a solid front fence.

 

In relation to the relevant objectives for fences, no objection is raised to the height of the return along the site’s north side boundary since this part of the fence would not have an adverse visual impact on the streetscape because:-

 

·         The site falls away from the front boundary;

·         Public views are not an issue; and because; and

·         It would face the detached garage on the adjoining site at 49 Northwood Road.

 

By contrast, the owner of the adjoining property at 53 Northwood Road is concerned by the visual impact and height of the proposed return fence along the site’s southern side boundary. In response, the applicant has agreed to lower the height of this fence. Draft condition 8 requires this section of fence to be no higher than 900mm to ensure compliance, and to reduce its impact on this adjoining neighbour. 

 

 Impacts

 

The overall impact of the proposed development would be reasonable subject to draft conditions that would:-

 

·         Reduce the overall height of the proposed dwelling house (draft condition 2);

·         Increase the side setback of a cantilevered privacy screen on the north side of the dwelling house, the carport slab on the opposite side, and part of both side setbacks of the swimming pool concourse (draft conditions 4, 5 and 6 respectively);

·         Reduce overlooking from its rear deck and terraces, swimming pool concourse and some side windows (draft conditions 3, 6 and 10 respectively), and the entertainment potential of a rear terrace (draft condition 7); and

·         Reduce the visual impact of both the return of the front fence along the site’s south side boundary, and the undercroft to the proposed carport on this same side (draft conditions 8 and 9 respectively).

 

The proposal would not affect any trees on any neighbouring property. Most of the trees, shrubs and bushes in the rear yard are to be retained. In addition, the planting of additional trees is proposed in the rear yard.

 

With the finish and screening to the swimming pool required under draft condition 12, both its visual impact, and the overlooking potential from its concourse, viewed from the 2 storey dwelling house on the adjoining lot at the rear of the site at 2A Holden Street, would be reduced to reasonable levels.  

 

RESPONSE TO NOTIFICATION     

 

Three submissions were received in response to the notification of the development application from:-

 

The owners of No. 53 have raised most of the concerns.

Concerns from No.47 include loss of view and the proposal’s effect on No. 53.

Concerns from No. 2A relate to matters that are addressed by draft conditions.

 

A summary and discussion of these concerns follows:-

 

1.         Plans

 

Question the accuracy of:

 

 

Comment

 

The applicant has submitted height measurements that are based on detailed contours of the site.

 

Earlier height and shadow assessments of the previous dwelling house using Google have been updated with details of its levels from a survey and this information was made available to this neighbour.

 

The photos from Google were included to illustrate the position and scale of both the previous dwelling house and its attached garage on the site relative to the adjoining dwelling house at No. 53 and Northwood Road itself.

 

The applicant’s Architect has confirmed that although the shadow plans are about 20 out, the length of shadow shown at all 3 times (9am, 12 noon and 3pm) is accurate. This error would have a marginal effect on the accuracy of the submitted shadow plans, and would not alter the significant shadow impact caused by the proposal on the adjoining property at No. 53.

 

Overall, the applicant’s submission is reasonable.    

 

2.         DCP

 

No. 53 will be affected by non-compliances with the DCP in relation to wall height and undercroft height and excessive fill, which in turn create excessive building bulk.

 

Comment

 

Whilst the overall impact of its wall height is reasonable because it affects a small area of each facade, and its FSR complies, the following draft conditions are included that would reduce the impact of some of the proposal:

 

·         The potential noise impact from the pool and air conditioning equipment located within the dwelling house undercroft (draft condition 9);

·         The adverse visual effect of the carport by lowering its slab level and consequently the amount of fill underneath it, increasing its side setback, and requiring landscaping along the site’s south side boundary to screen its undercroft (draft condition 5); and

·         Lowering the height of the return of the front fence along the site’s south side boundary (draft condition 8).

 

3.         Design

 

·         Some aspects are contrary to the spirit of Council’s development guidelines;

·         Is unreasonable and inappropriate;

·         Is devoid of articulation on south elevation: the monolithic facade is more akin to a commercial or medium - density precinct;

·         Does not mitigate or lessen impact on neighbouring properties;

·         Would have a serious impact on the property and amenity of No. 53;

·         Would gravely impede, if not completely eliminate, visual and acoustic privacy, solar access and access to natural light to No. 53;

·         As it does not address topography, bulk and height are not minimised; bulk is increased because floor levels are elevated; is excessively elevated; exceeds the prescribed maximum height of 1m for undercroft areas;AND

·         Dominates neighbouring buildings.

 

Comment

 

It is acknowleged that the proposal would affect the amenity of the adjoining property at 53 Northwood Road. Although the design includes window treatments and privacy screens that would reduce overlooking of this neighbour, draft conditions are also recommended that would supplement these measures so as to further reduce potential overlooking of this adjoining property and the entertainment potential of an elevated rear terrace.

 

The amenity of this same neighbour would also be affected because:-

 

 

4.         Height

 

 

Comment

 

Compared to each adjoining dwelling house on either side of the site, the ridge height of the proposed dwelling house would be about 2.8m above that of 53 Northwood Road, and about 2m above that of 49 Northwood Road. By contrast with the proposal, both of these adjoining dwelling houses are single storey to the street.

 

Although its overall height is not unreasonable compared to both adjoining dwelling houses and some neighbouring dwelling houses, and although it complies with the development standard under the LEP, draft condition 2 requires its pitched roof to be altered to a flat roof so as to reduce its visual impact viewed from the street. This draft condition would result in its ridge level being between about 500mm and 1.3m above the ridge height of these two adjoining dwelling houses. 

 

The ridge height of the previous dwelling house would have been about 3m below the proposed ridge height, although this height difference would be reduced by about half under draft condition 2.

 

The rear elevation includes 3 main residential levels and a swimming pool on the lowest/fourth level. However, the retention of the rock face behind the swimming pool creates a natural back drop to this lowest level. Viewed from both the south side and the rear the proposal would not exceed 3 residential levels and would generally appear to be 2-3 storeys and 3 storeys respectively.

 

5.         Overshadowing

 

·         Overshadowing will have an enormous impact on the amenity of No. 53 Northwood Road (No.53);

·         Shadow plans are erroneous in geometry and length of shadow; overshadowing of the dwelling house and private yard of No.53 is excessive as both would be in shadow all day; shadow plans do not correctly locate its existing private open space  – private open space associated with a living room is an existing timber deck and an adjoining paved area; shadow plans only address our existing dwelling house, and not the changes under a recent s.96 approval;

·         Shadow cast by previous dwelling house is irrelevant;

·         Applicant’s discussion focuses on shadow, but there are other important issues that need to be answered;

·         Seems onus is on us to substantiate developer’s non-compliances, or those we have raised; seems to place an unfair burden on us; no shadow calculations, only details of shadow projections provided; assume Council will be able to validate shadow issues.

 

Comment

 

The applicant’s architect has acknowleged an error in the shadow angle, although the 20 error relative to True North does not alter the overall shadow impact on this adjoining property.

 

Although the applicant’s Architect confirms that the length of shadow is correct, if the shadow length were increased this might extend shadow cast by the proposed dwelling house over other neighbouring sites and into Holden Street , but not significantly over more of the objector’s property at No.53.

 

Since the development application was submitted the applicant has submitted details of the levels and footprint of both the previous dwelling house and the proposed dwelling house and the shadow angles from both of these structures, and this information has been made available to this neighbour.

 

As the subject site has only recently become vacant, it is reasonable to assess the shadow cast by the previous dwelling house because this shows where solar access to the dwelling house at No.53, and its rear yard, might have changed.

 

The development application was submitted prior to works commencing under alterations and additions to No.53 that were approved in 2008 under D285/08, and under an amendment approved in March of this year. An assessment of the shadow that would be cast by the proposed dwelling house over these approved works which have now commenced indicates that:-

 

·         About half of its rear yard would be in sun after 12 noon on June 21- previously this rear yard was only partly affected by shadow at 9am on June 21;

·         An elevated attached rear balcony that is under construction at its southern end would only be in sun at 9am on June 21, and in shadow for most of the rest of this day -  until recently this dwelling house had an attached deck at the level below and at its opposite northern end that was only partly in shadow during the morning on June 21; and

·         Although its only remaining north facing habitable/bedroom window would be overshadowed before 12 noon onwards on June 21, this would be less than the shadow cast by the previous dwelling house over this window, and this room also has an east facing window as an additional light source in the morning.

 

The objector, and the objector’s Architect, have criticised the applicant’s shadow plans but have not submitted detailed shadow plans that could be assessed by the applicant. In addition, the applicant has stated that his Architect is unwilling to discuss his shadow plans with the objector.

 

Overall, the extent of overshadowing over No.53 as a result of the proposed dwelling house is acceptable.

 

6.         Plant room area 

 

Comment

 

The applicant has provided two long sections, and a short section, through the proposed dwelling house. These sections are reasonable. In addition the submitted plans include a south elevation showing the facade of the dwelling house viewed from this objector’s property.

 

Draft condition 9 is included to ensure that the undercroft on the south side is enclosed so as to minimise noise from the pool and a/c equipment. In addition draft conditions 11, 25(53) and 32(65) are included to reduce noise impacts on neighbours and, if necessary, to allow for appropriate noise testing to be undertaken and for noise reduction measures to be implemented.

 

7.         Carport

 

 

Comment

 

The only remaining bedroom window of No. 53 would receive more sun on June 21 compared to the shadow cast over this same window by the previous dwelling house.

 

The following draft conditions are included to address the concerns regarding the proposed carport:-

 

Subject to these draft conditions, the proposed carport should not have the adverse impact suggested by the neighbour.

 

8.         Privacy: overlooking and noise

 

·         Most windows on south elevation belong to rooms occupied for extended periods: dining/ living/kitchen windows would cause a total loss of visual privacy to 53 Northwood Road (No.53) including the dwelling house, its private open space and swimming pool; even the dining room proposes a large bay window with a seat enabling complete surveillance of No. 53;and

·         All 4 levels would have large open decks and terraces; the ground floor terrace would be within 1.9m of the south side boundary; large terraces would be able to accommodate a number of people who could overlook No.53 and who could be expected to generate serious acoustic problems; ground and first floor terraces exceed heights, and half of the ground floor terrace that serves a lounge exceeds a depth of 3m because it is designed as a roof over the level below.

 

Comment

 

The setback of the proposed dwelling house - including its dining room window - from the common boundary with No.53 complies with the DCP

 

Draft condition 3 is included to reduce potential overlooking of this same adjoining property from some side windows - including the dining room window - and the attached rear deck and terraces.

 

Viewed from both sides the height of the attached rear deck, and both attached rear terraces viewed from the north side, are below the maximum wall height of 7m under the DCP. Viewed from the south side both attached rear terraces have a height of about 8m, which although marginally exceeding the DCP wall height, is well within the LEP height standard.

 

Draft condition 7 requires the useable depth of the north section of the rear ground floor level terrace to be reduced from between 3.75m and 3.9m to 3m so as to comply with the DCP and so reduce its entertainment potential.   

 

Draft condition 10 requires the rear deck and both terraces to be squared - off so as to reduce their overall impact on No.53.

 

9.         General   

 

·         setback of pool from south side boundary;

·         view loss;

·         retain ferns and mature plants along rear boundary, and ensure there is appropriate screening and landscaping viewed from the rear;

·         driveway may impinge on existing bus stop; if this needs to be relocated, it would have an enormous environmental impact on other houses in the street;

·         avoid further severe overflow that has occurred from the vacant site;

·         appropriate sediment control measures required, and maintained, throughout the construction period ;

·         ensure exposed side of the swimming pool has an appropriate external finish;

·         ensue pool filter is not located near the rear boundary; and

·         ensure air conditioning equipment does not cause noise or visual issues.

 

Comments

 

Due to the sudden fall of the site a relatively small portion of the both rear corners of the swimming pool concourse would not be setback as required. Draft condition 6 is included to address this non - compliance and the nil setback of the pool concourse from the site’s north side boundary. 

 

The potential impact on view loss has been assessed from properties on both sides of Northwood Road and in Wyndarra Place. Although there would be a minor reduction of the existing water view from a side window in the adjoining dwelling house at 49 Northwood Road to the north of the site, view loss is not an issue in relation to this proposal.

 

The majority of the screen plants close to and along the rear boundary, including some ferns, are shown to be retained and would be supplemented with ferns and trees shown on the landscape plan. Council’s Senior Tree Assessment Officer does not have concerns with the proposal, and has recommended that the landscape plan is approved and this is addressed under draft condition 1.

 

Council’s Manager Traffic and Transport confirms that the State Transit Authority has advised that the proposed driveway would have little impact on the bus stop located in front of the north east corner of the site due to the infrequency of the bus service.

 

Council’s Development Engineer has recommended draft conditions to address stormwater disposal from the developed site, and sediment and erosion control measures, to ensure that there should be no adverse effect on any adjoining property.

 

Draft condition 12 is included to ensure that the exposed sides of the swimming pool are enclosed and screened. 

 

Both the swimming pool filter and air conditioning equipment are proposed within an undercroft under the centre of the dwelling house. Draft condition 9 requires the undercroft to be fully enclosed on its south side, and draft condition 11 would address any adverse noise issues associated with this, or any other equipment.

 

A number of draft conditions would address some of these general concerns, whilst other general concerns should not give rise to significant adverse effects.  

 

Objector’s requests

 

The owners of 53 Northwood Road:

 

 

If the proposal is not redesigned to address their fundamental concerns regarding non- compliances with the DCP that would require wall and undercroft heights, bulk, overlooking and overshadowing all to be reduced, these owners require certain changes. In summary their concerns, and minimum acceptable alternatives, are set out below:

 

(i)  Design

 

Comment

 

The proposed design is reasonable due to the constraints imposed on new development by the site’s two distinct sections caused by a 3.5m high rock face. The setback of the external walls of the dwelling house comply with the DCP, and its overall height and scale comply with the respective LEP standards for height and FSR. Although some sections along both side facades exceed the allowable wall height under the DCP, these non-compliances are reasonable as the area affected on each facade is relatively minor.

 

Although it would have a ridge height of 7.2m above footpath level and below the LEP standard, the applicant has agreed to a condition requiring a flat roof (draft condition 2). This would reduce its overall height by up to 1.5m and its visual impact to the street, and marginally reduce overshadowing of No. 53.

 

(ii)  Overshadowing

 

 

Comment

 

Notwithstanding that the applicant’s architect has confirmed the slight error in the shadow angle, the information used by the applicant to produce the shadow plans is comprehensive and detailed and this has been made available to this neighbour.

 

Based on the overall height, bulk and scale of the proposed dwelling house, coupled with the site’s constraints and the fall and orientation of both the subject site and the adjoining site at 53 Northwood Road, the solar access that would be available to this adjoining neighbour is reasonable.

 

The 2 trees shown on the landscape plan that are proposed in each of the front corners of the site, are native species consistent with the DCP, and this plan is recommended for approval. 

 

(iii)   Privacy

 

 

Comment

 

Although the side setback of the attached rear deck and attached rear terraces comply, draft conditions 3 and 7 are included so as to reduce potential overlooking from these areas and some side windows and provide some screen planting, and to reduce the depth of the rear ground floor level terrace so as to restrict its entertainment potential, respectively.

 

 (iv)  Plant room area

 

 

Comment

 

Draft condition 9 requires the undercroft on the south side of the proposed dwelling house to be bricked in to address this concern, but it does not require this equipment to be relocated to the opposite side of the undercroft as this request has not been notified to, and because it might have an adverse effect on, the adjoining owner (and tenant) of 49 Northwood Road.

 

(v)   South boundary

 

 

Comment

 

Draft condition 8 imposes a height restriction of 900mm on the return of the front fence along the site’s south side boundary. By contrast, the applicant is entitled to erect a lightweight fence behind the building line up to 1.8m high without approval.

 

Due to the construction of the alterations and additions that were approved under D285/08, and the subsequent approval of an amendment to this consent, there is now only one habitable/bedroom window remaining on the north side of the dwelling house at No. 53.

 

Applicant’s concerns

 

The two main concerns of the applicant are:

 

 

Comment

 

Although the applicant has not submitted geotechnical advice, it is likely that interference with the rock face could affect its stability and that this might affect adjoining owners.

 

Applicant’s agreement

 

The applicant has agreed to the following draft conditions so as to reduce the proposal’s impact on 53 Northwood Road:

 

         brick in the undercroft, and relocate the air conditioning and swimming pool plant/equipment to the opposite (north) side: draft condition 9 only requires the former to occur;

         stagger the fence along the site’s south side boundary: draft condition 8 restricts its height to 900mm;

         lower the carport slab by 250mm : see draft condition 5 - this also requires its side setback to be increased, and its undercroft to be screened;

         a condition that would treat windows and the deck and terraces on the south side : see draft condition 3;

         comply with the additional side setbacks of the swimming pool concourse : see draft condition 6; and,

         square-off the attached rear deck and a terrace so these are not angled to face the living and private open space areas of No.53: see draft condition 10 - but has not agreed to increase their side setback from the southern boundary. In relation to this last request no draft condition is included to increase the side setback because these comply.

 

Comment

 

Despite the applicant’s agreement to address these issues, in some instances the agreed measure is supplemented e.g. as in draft condition 5 that also requires the side setback of the carport slab to be increased and its undercroft to be screened.  

 

By contrast the neighbour’s request, and applicant’s agreement, to enclose the undercroft in the centre of the dwelling house on its south side is subject to draft condition 9. Although this draft condition does not require the equipment to be relocated to the opposite/north side of the undercroft, draft conditions 11, 25(53) and 32(65) are included to address potential adverse noise impacts on any property owner from this equipment.  

 

Other draft conditions are included to address other concerns e.g. the useable depth of an elevated rear terrace (draft condition 7).       

 

CONCLUSION

 

The proposal does not raise any major concerns with any environmental planning instrument and generally satisfies the relevant objectives for:

 

         dwelling houses in the R2 zone under the LEP 2009;and,

         the Aims and planning principles and Matters for consideration under the SREP 2005;

         land - based development under the DCP 2005 that accompanies this Deemed SEPP; and,

         dwelling houses under the DCP 2009.  

 

Of the three submissions received to the proposal the concerns of:

 

         the owner of the adjoining property at the rear of the site can be addressed by draft condition 12 and some of the draft conditions recommended by Council’s Development Engineer, and approval of the applicant’s landscape plan recommended by Council’s Senior Tree Assessment Officer;

         a neighbour that focus upon the proposal’s impact on an adjoining neighbour, can similarly be addressed by draft conditions that are included under the sub - heading Specific in the Recommendation to this report; and,

         the owner of the adjoining property on the south side of the site at 53 Northwood Road can, in some instances, also be reduced by draft conditions under this same sub - heading.

 

The current proposal is reasonable because:

 

         the area suitable for a dwelling house and swimming pool has largely been determined by the site’s topography with its two distinct sections;

         some weight has been given to the impacts of the previous dwelling house on the adjoining property at 53 Northwood Road;

         draft conditions would reduce overlooking of, and the visual impact from, the adjoining property at 53 Northwood Road ; and,

         viewed from the rear, it would have a similar appearance as some neighbouring dwelling houses.

 

Matters in relation to s.79C considerations have been satisfied.

 

Overall the proposal is a reasonable development on a site where its topography adds to its potential adverse impact on the adjoining property at 53 Northwood Road. However, draft conditions are included under the sub-heading Specific in the Recommendation to this report that would reduce this impact to a reasonable level. Subject to the inclusion of these draft conditions, the development application is recommended for approval.

 

 


 

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 72/13 for the construction of a dwelling house on 4 levels, a swimming pool and a front fence on Lot 12 DP 734705 and known as 51 Northwood Road, Northwood subject to the following conditions:

 

Plans 

 

1.         (20) That the development be strictly in accordance with drawing numbers:

 

   12-597/1, 3, 5 - 8 and 13 - 20, dated February 2013, by Peter John O’Brien and Associates, and,

   001948TM Issue A, dated 21.03.13, by Urban Landscape Planners Pty Ltd except as amended by the following conditions.

 

Specific

 

2.       In order to reduce its visual impact, the pitched roof of the dwelling house is to be replaced with a flat roof. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.       In order to reduce the potential to overlook the adjoining properties at 49 and 53 Northwood Road, the following privacy measures are to be implemented:

 

·         A Privacy screen 1.7m high above the FFL is to be attached along the south side of the rear deck and both rear terraces; 

·         Both kitchen windows and the dining room window on the south elevation, and the lounge window on the north elevation, are to have either attached vertical louvers angled towards Woodford Bay, or obscure glass up to 1.7m above the FFL of these rooms, or a high-level sill to this same height; and,

·         Native screen planting with a height when planted equivalent to 1.7m above the FFL of bedroom 4 on the south elevation is to be provided in front of this window.

           

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.       In order to ensure that the side setback of the dwelling house complies with cl. 1.3.2 a) II of the DCP 2009, the privacy screen to the ground floor planter is to be setback 1.5m from the site’s north side boundary. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.       In order to reduce its visual impact on the adjoining neighbour, and to ensure compliance with cl. 1.3.2a) I of the DCP 2009, the carport slab is to be:

 

·         Lowered by at least 250mm i.e. To an rl of not more than 49.93; 

·         Setback a minimum of 1.2m from the site’s south side boundary, and the setback area landscaped with native species at a height when planted not less than the height of its reduced level; and,

·         The carport is to remain open in design with only a minimum height and clear-style safety balustrade permissible along its south side.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.       In order to reduce its overall impact on both of the adjoining properties at 49 and 53 Northwood Road, and to ensure compliance with cl. 1.10.1g) of the DCP 2009, the swimming pool concourse:

 

·         Is to be setback a minimum of 3.7m at its southwest corner and 2m at its northwest corner, and the remainder of the concourse is to link up to these respective corners or, alternatively, the swimming pool concourse is to be setback at a ratio of 1:1; and,

·         A privacy screen 1.7m high above the concourse level is to be attached along both ends.  

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.       In order to restrict  its entertainment potential and the potential adverse acoustic impact on adjoining properties, and thereby also ensure compliance with cl. 1.8.2c) of the DCP 2009, the useable depth of the rear ground floor level terrace is not to exceed 3m at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

8.       In order to reduce its potential adverse impact on the adjoining neighbour at 53 Northwood Road, the return of the front boundary fence along the site’s south side boundary is not to exceed a height of 900mm above existing ground level at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

9.       In order to reduce its overall impact on the adjoining neighbour at 53 Northwood Road, the  dwelling house undercroft is to be fully enclosed on its south side with brick, or masonry, and its external finish is to match that of the south elevation, and the side setback area landscaped to screen the width of this undercroft up to the level of the ground floor at the time of planting. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

10.     In order to reduce the overall impact on the adjoining neighbour at 53 Northwood Road, the rear lower ground floor level deck and ground floor level terrace are to be squared - off. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

11.     The use of the building, and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units), shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use of the building, and its plant and equipment, shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 minute noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

12.     In order to reduce its visual impact on all adjoining neighbours, all exposed sides of the swimming pool are to be fully enclosed with a concrete finish, and fully screened with new plantings. These requirements are to be shown on relevant plans submitted with a Construction Certificate.       

 

General

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

16.       (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

17.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, swimming pool and front fence.

 

18.       (35)  All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

           

19.       (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.

 

20.       (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.

 

21.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

22.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

24.       (52) The swimming pool being surrounded by a fence:-

 

a) that forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) that is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL

 

            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

           

            The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

25.       (53) The filter and pump being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise, Council may prohibit the use of the unit under the provisions of the Protection of the Environment Operations Act 1997.

 

26.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

27.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

28.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

29.       (62) All glazing is to comply with the requirements of AS 1288.

 

30.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated    galvanised or zincalume iron, in a mid to dark colour range.

 

31.       (64) A check survey certificate is to be submitted at the completion of:

 

* each residential level;

* the roof framing; and

* 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.

 

32.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

 

 

33.       (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:-

 

(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.

 

34.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

 

35.       (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

36.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

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

 

39.       (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 7m from the specified item.

 

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

 

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

 

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

 

43.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

44.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application. These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

45.       (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.

 

46.       (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.

 

47.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

48.       (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.

 

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

 

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

 

51.       (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.

 

Landscaping

 

52.     (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500 for an individual and $3,000 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

53.     (302)  The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height located on the property, or in neighbouring properties, including the cutting of any tree roots greater than 40mm in diameter.

 

54.     (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.

 

Engineering

55.     (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.

 

56.     (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.

 

57.     (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.

 

58.     (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.

 

59.     (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.

 

 

60.     (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.

 

61.     (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’.

 

62.     (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.

 

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

 

64.     (W2) Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Part O of Lane Cove Council’s DCP - Stormwater Management.

 

65.     (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian Standards.

Note:

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

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

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

66.     (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 of Council's DCP - Stormwater Management.

 

67.     (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties, including all Council infrastructures, located within 5m 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 Principal 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.

68.       (W1) Pool Construction: The pool design shall ensure that either during construction or    upon completion, surface water is not be directed or diverted so as to have an adverse    impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

69.     (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 carport shall be determined by Council.

 

70.     (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.

 

71.     (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.

 

72.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2,000 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.

 

73.     (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

Engineering condition to be complied with prior to Occupation Certificate

 

75.     (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

·         Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP - Stormwater Management. 

 

 


 

 

Michael Mason

Executive Manager

Environmental Services Division

 


 

ATTACHMENTS:

There are no supporting documents for this report.


ATTACHMENT 6

Order under Section 121B of the EP&A Act 1979

 

ANNEXURE

 

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

SECTION 121B

 

ORDER

TO:   JMO (Australia) Pty Ltd

            20 Comerty Place

          GLENHAVEN NSW 2156

 

PREMISES/LAND:    Lot 12 ,  DP 734705, No. 51 Northwood Road Northwood

 

DATE: 17 July 2014

 

TAKE NOTICE that LANE COVE COUNCIL (“Council”) gives to you an Order in terms of order No.19 in the Table to section 121B of the Environmental Planning and Assessment Act 1979 in the terms set out below on the GROUNDS that building work is being carried out in contravention of the Environmental Planning and Assessment Act 1979.

 

SCHEDULE OF WORKS (WORKS REQUIRED TO BE CARRIED OUT)

 

1.   Stop all building work on the site immediately.

 

TIME PERIOD FOR COMPLIANCE WITH ORDER

 

You are directed to carry out the schedule of works set out above within a period of Two (2) days  from the date of this Order.

 

REASONS FOR ORDER

 

1.   Building work is being carried out on site contrary to development consent

     DA72/2013. The unauthorised building work is but not limited to the

     following:

 

·         extension of bedroom 4 into the plantroom.

·         changes to various windows configurations including the addition of 

·         windows.

·         extensions of rear balconies.

·         extension of bath and laundry to the east of the property.

·         increase in width of rear stairs.

·         increase in floor area of various rooms.

·         changes to internal configurations.

·         inconsistencies between development consent and construction

·         certificate approved plans.

·         height of front fence

·         height of front fence return on southern side.

    

 

2.   The building work being carried out on site has not been assessed under

     the Environmental Planning and Assessment Act 1979.

3.   The above situation is not in the public interest.

 

OFFENCE

 

It is an offence against the Environmental Planning and Assessment Act 1979 not to comply with this order: see section 125 of the Environmental Planning and Assessment Act 1979.

 

PENALTY

 

The maximum penalty for non-compliance with this order is $1,100,000.00 with a further daily penalty not exceeding $110,000.00: see section 126 of the Environmental Planning and Assessment Act 1979.

 

EXECUTION OF ORDER BY COUNCIL

 

If you fail to comply with the terms of this order Council may do all such things as are necessary or convenient to give effect to the terms of this order, including the carrying out of any work required by the order, and may, among other things, recover from you the costs incurred by Council in so doing: see section 121ZJ of the Environmental Planning and Assessment Act 1979.

 

RIGHT OF APPEAL AGAINST ORDER

 

If you wish to appeal against this order you must appeal to the Land and Environment Court, Level 4, 225 Macquarie Street, Sydney NSW 2000, within 28 days after the service of this order on you: see section 121ZK of the Environmental Planning and Assessment Act 1979.

 

ORDERS THAT MAKE OR ARE LIKELY TO MAKE RESIDENTS HOMELESS

If this order will or is likely to have the effect of making a resident homeless you must advise Council whether you are able to arrange satisfactory alternative accommodation or whether you wish to seek Council’s advice in arranging alternative accommodation in the locality: see section 121G of the Environmental Planning and Assessment Act 1979.

 

Should you require any further information in relation to this matter please contact Matthew Woodgate telephoning (02) 9911 3609.

 

 

 

 

Michael Mason

EXECUTIVE MANAGER, ENVIRONMENTAL SERVICES

 

 

 

 

 


Independent Hearing and Assessment Panel Meeting 2 December 2014

46-54 Gordon Crescent, Lane Cove

 

 

Subject:          46-54 Gordon Crescent, Lane Cove    

Record No:    DA14/44-01 - 70256/14

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                                 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North

 

DA No:                                    DA 44/2014

 

Date Lodged:                          9 April 2014 (Amended plans lodged with Council on 12 September 2014)

 

Cost of Work:                          $15,825,376.00

 

Owner:                                    B & G McDonald (46 Gordon Crescent, Lane Cove)

 A & J Lark (48 Gordon Crescent, Lane Cove)

 T & C O’sullivan (50 Gordon Crescent, Lane Cove)

 S & L Skarott (52 Gordon Crescent, Lane Cove)

 H Howell (54 Gordon Crescent, Lane Cove)

 L L Cai (552 Mowbray Road, Lane Cove

 

Applicant:                                PBD Architects & Project Managers Pty Ltd

 

 

Description of proposal to appear on determination

Demolition of 5 dwelling houses on 46-54 Gordon Crescent, Lane Cove and construction of a residential flat building comprising 64 dwellings with basement car park for 109 cars on 46-54 Gordon Crescent, Lane Cove

 

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.  However, the site is within Bushfire Prone Land

Bca classification

Class 2, 7a & 10b

Stop the clock used

Yes – 140 days

Notification

Neighbours                 540-588 Mowbray Road, 56-66 Gordon Crescent, and 32-42 Kullah Parade, Lane Cove North.

All Councillors           

 

Progress Association: Stringy Bark Creek Residents’ Association.  Lane Cove Bushland & Conservation Society

 

 

 


Reason For Referral

This application has been referred to Lane Cove Independent Hearing and Assessment Panel for the following reasons:-

 

EXECUTIVE SUMMARY

 

 

 

Site

 

The site is located on the northern side of Gordon Crescent between Centennial Avenue to the east and Girraween Avenue to the west in Lane Cove North.  The site comprises six properties, being Lots 1-5 DP 27911 and Lot 5, DP 10892. The site is known as 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North.

 

In the original proposal the site comprised of 5 blocks being 46-54 Gordon Crescent. The site is  irregular in shape. The site has a frontage of 71.65m to Gordon Crescent with depth varying from 37.95m to 42.73m.  The site falls from the north-eastern corner at its rear to the south-western corner at its front (Gordon Crescent) by approximately 5.5m.  The amended proposal includes 552 Mowbray Road within the development.  The overall site has an area of 3876.6m2.

 

The site has six dwelling houses each of which has 3 or more bedrooms.

 

Towards the west of the site, across Girraween Avenue, exist predominantly one and two storey dwelling houses within E4- Environmental Living zone along Kullah Parade.  

 

Towards the north are two recently constructed residential flat buildings on 544-550 Mowbray Road and 554-560 Mowbray Road, Lane Cove within R4 – High Density Residential zone.

 

Batten Reserve is towards the south of Gordon Crescent opposite the subject site.

 

The site has been rezoned from low density residential to R4 - High Density Residential since the gazettal of the Lane Cove LEP 2009 in February 2010. Amendments to the LEP, relating to zoning and building height, were gazetted on 18 January 2013 followed by amendments to the DCP. 

 

Proposal

 

The development is for the demolition of 5 dwelling houses on 46-54 Gordon Crescent, Lane Cove North and construction of a residential flat building on the land of 46-54 Gordon Crescent, Lane Cove North.

 

The land of 552 Mowbray Road, Lane Cove North is included in the proposed development.  However, no building works are proposed on 552 Mowbray Road which would be dedicated to Lane Cove Council for a community use by a VPA subsequent to the approval of any development application.

 

The distribution of the dwellings is summarised in the table below:-

 

Level

1 Bedroom

2 Bedroom

3 Bedroom

Total Units

GFA (m2)

Basement 2

 

 

 

 

161

Basement 1

 

 

 

 

0

Lower Ground

1

1

1

3

361

Ground

4

1

1

6

500

1

6

4

1

11

807

2

6

4

1

11

805

3

6

4

1

11

805

4

6

4

1

11

805

Level 5

6

4

1

11

805

Total

35 (55%)

22 (34%)

7 (11%)

64 (100%)

5049

 

Note:-

 

Previous Approvals/History

 

Given the proposal involves demolition of all existing buildings on the site, previous development consents relating to the constructions of the existing buildings, are not considered relevant to the current development proposal. 

 

Voluntary Planning Agreement (VPA)

 

A VPA has been proposed to the transfer of the land and existing building at 552 Mowbray Road to Lane Cove Council for community use such as open space. In return, the permissible gross floor area (GFA) for the site be transferred to the adjoining proposed development at 46-54 Gordon Crescent, Lane Cove.

 

Council accepted the VPA in its meeting of 17 November 2014 with the following resolution:-

 

1.    Council receive and note the report (refer to attachment, AT-3);

2.    Council proceed with the Voluntary Planning Agreement with CE Concepts No2 Pty Ltd in respect of 552 Mowbray Road and 46-54 Gordon Crescent, outlined in this report, noting Council’s preference for Child Care facilities for the area, and on the condition that the building height does not exceed more than one (1) metre above the existing allowable building height of 14.5m excluding lift overruns;

3.    The General Manager provide a report to Council on options for the site including Child Care facilities, and/or open space, or other community uses; and

4.    All persons making a submission and the Mowbray Precinct Working Party be advised of Council’s decision and thanked for their feedback.

 

Proposal Data/Policy Compliance

 

Original site area:        3179.6m2 excluding 552 Mowbray Road.

 

Amended site area:     3876.6m2 including 552 Mowbray Road.

 


Lane Cove Local Environmental Plan 2009

 

 

LEP 2009

Provision

Proposed

Complies/ Comment

Zone

R4 – High Density Residential zone

Residential Flat Building development

Yes

Maximum permitted FSR

1.6:1

1.3:1

 

Yes

Maximum permitted building height

14.5m

Maximum 16.6m

 

Minimum 14.5m

 

No

The applicant has lodged a written request for the exception to the development standard.

 

Note:  The FSR would be 1.59:1 on the site area of 46-54 Gordon Crescent if the site area of 552 Mowbray Road, Lane Cove is excluded from the FSR calculation, which would be compliant with the LEP.

 

The amended plans submitted in September exceed the permitted building height (15.5m excluding lift over-runs) having regard to the Council’s resolution on 17 November 2014.

 

Lane Cove Development Control Plan

 

Part B – General Controls

 

 

Clause

DCP

Proposed

Complies/ Comment

B3 – Site Amalgamation & Isolated site

To encourage site consolidation of allotments for development in order to promote the desired urban design outcomes and the efficient use of land and to avoid the creation of isolated sites.

 

Consolidation of 6 allotments for a residential flat building development

 

 

Yes. The proposed development would resolve the isolated site issue at 552 Mowbray Road, Lane Cove which was a result of two approved developments on 544-550 Mowbray Road and 554-560 Mowbray Road. 

 

B8 – Safety & security

 

Ground floor dwellings have direct access or entries from the street and at least one habitable room with windows facing the street

The building has 2 pedestrian access from Gordon Crescent. Most windows facing Gordon Crescent are habitable room windows (bedrooms or living rooms)

 

Yes

 

Part C3 – Residential Flat Buildings

 

Clause

Requirement

Proposed

Complies/ Comment

3.2 Density

Minimum site area 1500m2

Area of site is approximately 3876.6m2

 

Yes

3.3 Building depth

18m exclusive of any balcony

 

16.5m

Yes

3.4 Building width

40m maximum fronting the street

62m fronting Gordon Crescent

No

However, the building has an increased front setback of 19.4m. The proposed landscaping within the front setback would screen the building and would improve the streetscape.

 

3.5 Setback

Front

 

Side

 

 

 

 

 

 

 

 

Rear

 

Minimum 7.5m

 

6m up to 4 storeys

9m for 5-8 storeys

 

 

 

 

 

 

 

6m up to 4 storeys

9m for 5-8 storeys

 

19.4m

 

6m to the eastern boundary & 7.5m to the western boundary

 

 

 

 

 

 

6m

6m

 

Yes

 

Yes

 

No.  Additional setbacks on L5 to eastern boundary are requested by amended plans (Condition 2 in Part A.)

 

Yes

No.  However, privacy screens are proposed and additional set back on L5.

 

3.5.3 Parking Podium Height

 

Height adjoining front boundary

Height adjoining east boundary

Height adjoining west boundary

Height adjoining rear boundary

 

 

 

1.2m

 

1.2m

1.2m

 

1.2m

 

 

 

Nil

 

Nil

Nil

 

Nil

 

 

 

Yes

 

Yes

Yes

 

Yes

 

3.6 Building separation within development

9m between non-habitable rooms and blank wall to any other window, well or balcony for 5-8 storeys up to 25m

 

N/A

N/A.  There is only one building proposed on the site.

3.8 Excavation

Encroachments into setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level.

 

Maximum of 5.4m encroachment into the rear setback area.

No, however considered acceptable.

 

3.9 Design of roof top area

Detailed landscape plan required

 

No roof top terrace proposed

 

N/A

3.10 Size & mix of dwellings

Minimum 40m2

 

A mixture of 1, 2, & 3 bedroom dwellings should be provided

 

Minimum 51m2

 

The proposal comprises 35X1 bedroom, (55%), 18X2 bedroom (34%) & 7x3 bedroom (11%) dwellings.

 

Yes

 

Yes

 

3.11 Private open space

Primary balconies - 10m2 with minimum depth 2m

 

 

Primary terrace - 16m2 with minimum depth 4m

 

 

Minimum size of  balconies is 10m2 (2.5m x10m)

 

Private terraces meet minimum dimensions

Yes

 

 

 

Yes

3.12 Number of car parking, motorcycle and bicycle spaces

 

35x 1 bedroom dwellings = 35 spaces (35x1)

 

22 x 2 bedroom dwellings = 33 spaces (22x1.5)

 

7x3 bedroom dwellings = 14 spaces (7x2)

 

Visitor 1 per 4 dwellings = 16 spaces (64/4)

 

Required car parking spaces: 98

 

1 motor cycle space per 25 car spaces (98/25=4 spaces required)

 

1 bike locker per 10 dwellings (64/10=6 lockers required)

 

1 Bike rail per 12 dwellings (64/12 =5 rails required)

 

 

 

 

 

 

 

 

 

 

 

 

 

109 car spaces are proposed

 

4 Motor cycle spaces proposed on LG Level

 

6 bike lockers are proposed in B2 Level

 

 

7 Rails are proposed on B2 Level.

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

3.13 Ceiling heights

 

Minimum 2.7m

2.7m

Yes

 

3.14 Storage

 

6mper 1 bedroom dwelling

35*6 = 210m3

8m3 per 2 bedroom dwelling

22*8=176m3

10m3 per 3 bedroom dwelling

7*10=70m3

Total = 456m3

 

50% of the storage volume within the dwelling

65 storages with a minimum size of 13m3 are located on the G Level

 

Additional 26 stores are located on B1 & B2 levels.

 

 

 

Internal storage areas are proposed within the dwellings.  The internal space of the dwellings would be sufficient to meet the requirements of storage volume.

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

3.15 Solar access

 

Living rooms and private open spaces of 70% of the units to receive 3 hours of direct sunlight between 9am – 3pm on 21 June

 

Maximum 10% dwellings with a southerly aspect

 

53% of dwellings would receive more than 3 hours solar access (34 dwellings)

 

 

2% of dwellings have a southerly aspect (1 dwellings)

 

No, but reasonable in the circumstance.

30 dwellings would not receive recommended solar access given the orientation of the sites.

 

 

 

Yes

3.16 Natural ventilation

 

Minimum 60% of the dwellings should have cross ventilation.

 

 

Minimum 25% of kitchens have access to natural ventilation

 

67% of dwellings would have cross ventilation (27 dwellings)

 

33% of kitchen would access to natural ventilation (16 dwellings)

 

Yes

 

 

 

 

Yes

3.17 Visual privacy

 

Provide visual privacy between the adjoining properties

Privacy screens are not proposed to all windows directly facing each other in the building

 

No. 

The proposal does not meet the side and rear set back requirements.

Additional setback to the eastern boundary would be required by deferred commencement condition.  (Draft condition 2 in Part A of the recommendation).

 

3.18 Communal open space

Minimum 25%

23.4% proposed

No, conditioned to

Amended plans (Draft condition 3 in Part A).

 

3.19 Landscaped area

25% provided at ground level and up to15% provided on structures (40% required)

40% deep soil landscaped area proposed on the ground level and 17% on the structure

(57% proposed)

Yes

 

Locality 6 – Mowbray Precinct

 

Provisions

Requirement

Proposed

Compliance

a)         Maximum No. of storey

4 storey in LEP height 14.5m area

The building is 5 -7 storeys including basement.

No, breach covered by VPA and better planning outcome.

 

The proposed building has a minimum of 19.4m setback to Gordon Crescent frontage.  The Lower Ground Level would be screened by landscaping at the front setback area.

 

b)         Maximum floor area for 5th storey

(Apply to the maximum permitted building height of 17.5m areas only_

Maximum of 50% floor area of the storey below and be set back 3m from that lower storey’s building façade line (9m setback required)

The VPA provides for the transfer of FSR and is accommodated with one additional level.

Acceptable given the final planning outcome

 

c)         Deep soil area

Minimum of 40%

40%

Yes

d)         Tree retention

Driveway design should avoid tree loss on Council land

No trees are worth for retention on the site.

Yes

e)         At the interface between the high and low density residential zones

A design consideration by stepping the building in at least 3m after the second level.

 

No transition section proposed between the subject site and dwelling houses in Kullah Pde in E4 zone

Acceptable

Because the nearby dwelling houses at 42 Kullah Parade in E4 zone are separated by Girraween Avenue

f)          Materials, finish and design

 

Are in harmony with the natural landscape and complementary with the bushland setting of the precinct

 

Proposed

Acceptable

 

g)         Bushfire protection

Buildings are to be constructed to meet AS 3959-2009

The site is within a bushfire prone land

 

It is able to be conditioned to comply.

(RFS provided recommended conditions)

h)         The asset protection zone (APZ)

The APZ is measured from the top of the kerb on the side of the road adjacent to the reserve.

There is no APZ located on Council’s road reserve.

Yes

 

Part F - Access and Mobility

 

DCP

Proposed

Complies/ Comment

Adaptable housing to be provided at the rate of 1 dwelling per 5 dwellings (20%) (Minimum of 13 dwellings are required)

13 adaptable dwellings are proposed. 

Yes

Provide 1 accessible parking space for each adaptable housing unit (minimum of 13 spaces required)

21 disabled car spaces proposed on Basement Level 2

Yes.

A disabled car space for visitor parking will be required by a condition. (Condition 14 in Part B).

 

Referrals

 

Building Surveyor

 

Council Senior Building Surveyor has assessed the proposal against the the Building Code of Australia requirements and advised that there are a number of non-compliances with the deemed to satisfy provisions and states: 

 

The applicant will need to state whether they will amend the plans to comply with the deemed to satisfy provisions or adopt an alternate solution for the non-compliance indicated below:-

 

1.    Rooflights/skylights in the roof are closer than 3m apart and not in accordance with Clause 3.6 of Specification C1.1 of the BCA.  Those skylights affected are:-

       509 – 510

       507 – 508

       503 – 504

       501 - 506

2.    Basement Level 1 floor to ceiling height where the proposed accessible cars paces are to be located does not comply with the minimum 2500mm in accordance with AS2890.6 – 2009;

3.    An accessible toilet and washbasin is to be indicated on the plans in accordance with Table F2.1 and AS1428.1-2009; and

4.    The layout and size of the balconies do not comply with BCA Clause C2.6 Vertical separation in external walls. Please amend balconies 105, 106, 107, 201, 205, 206, 207, 301, 306, 307, 401, 405, 406, 407, 501, 505, 506 and 507.

 

Officer’s comment:-

 

The applicant has not adopted alternate solutions for the non-compliances.  Deferred commencement consent is recommended (Condition 4 in Part A of the recommendation). 


Manager Urban Design and Assets

 

Council development engineer has endorsed the proposal and has provided the following response.

 

The stormwater concept plan provided with this application generally complies with the DCP. The proposed system has been conditioned to drain directly into Council’s drainage system not directly to the kerb and gutter in accordance with the DCP. A gross pollutant trap has also been conditioned to be included.

 

A geotechnical report for the proposed bulk excavation has been conditioned in the interest of all adjoining structures and groundwater control.

 

The upgrade of Council infrastructure adjacent to the site has been conditioned.

 

Officer’s comment:-

 

The recommended draft engineering conditions have been included in the draft conditions in Part B of the recommendation.

 

Traffic

 

Council traffic engineer has reviewed the amended plans and endorsed the proposal.  Recommended draft conditions have been provided and included in the draft conditions in part B of the recommendations (Conditions 111-112 in Part B).

 

Landscaping Architect

 

Council Landscape Architect has considered the development proposal as it relates to the site and surrounding context and provided the following advice:

 

The amended landscape plans and calculations demonstrate 57% of site area to be deep soil and a further  on-structure  provision of  the landscape plan from the previously submitted scheme.  The landscape plans prepared by total Concept Landscape Architects DWG: L/01-02 Rev A -dated  24/02/14 are satisfactory.  

 

The Landscape Architect has endorsed the amended plans and provided recommended draft conditions which have been included in the draft conditions (Conditions 93-110 in Part B).

 

Rural Fire Service (RFS)

 

The subject is located within Bushfire Prone Land and the original development proposal was referred to RFS for comment.  The RFS endorsed the original proposal and provided recommended draft conditions to Council on 14 August 2014.

 

The amended proposal retains the original proposed Asset Protection Zone. The RFS conditions have been included in the draft conditions (Conditions 118-121 in Part B).

 

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

 

The subject site is zoned R4 – High Density Residential zone in accordance with Lane Cove LEP.  The objectives of the zone are to provide for the housing needs of the community within a high density residential environment and to provide facilities or services to meet the day to day needs of residents. 

 

The proposal is for a residential flat building, which meets the zone objectives.  The character of the area, which is currently dominated by low density residential dwelling houses, would change to accommodate high density residential flat buildings in future.  The proposed development would meet the future desired character of the area. 

 

As stated in the compliance table, part of the proposed building exceeds the maximum permitted building height of the LEP.  The applicant has lodged a written request for an exception to the development standard.

 

Clause 4.6 of the LEP

 

Exception to the building height standard

 

The maximum permitted building height for the site is 14.5m and the maximum proposed building height is 16.6m indicated on the B-B plan.

 

The applicant has lodged a written submission to request for an exception to the building height standard of the LEP.

 

Officer’s comment:-

 

The objectives of Clause 4.6 – Exceptions to development standards of the LEP are:-

 

(a)     To provide an appropriate degree of flexibility in applying certain development standards to particular development; and

(b)     To achieve better outcomes for and from the development by allowing flexibility in particular circumstances.

 

The original proposal submitted with the development application in April exceeded the building height standard by 0.66m.  The exception to the building height standard was not supported by Council because it would not have achieved a better outcome.  The applicant amended the proposal by deletion of the top level of 3 dwellings with spilt levels. 

 

The amended plans dated July fully comply with the building height standard. 

 

The current proposal includes 552 Mowbray Road in the development.  The dedication of the land of 552 Mowbray Road to Lane Cove Council for a community use would serve public interest.  The amended building exceeds the building height standard by up to 1m excluding lift over-runs and up to 2.1m to the top of the lift over-run.  However, supporting the exception would achieve a better outcome in the following ways:-

 

The submission for the exception to the building height is therefore considered to be well founded and is supported. 

 

 

 

Other Planning Instruments

 

Lane Cove Development Control Plan 2010

 

Building width

 

The DCP states the objectives for building width are:-

 

1.         To avoid large continuous building bulk and massing.

 

2.         To ensure that residential flat building responds to the character of the area.

 

Provisions

 

a)        The maximum overall width of the building fronting the street shall be 40m.  Greater widths may be permissible if the proposed building articulation is satisfactory in the streetscape.

 

The width of the proposed building is 62.0 m along Gordon Crescent frontage. 

 

The applicant seeks a variation to the requirement and states that the building is articulated.  The applicant adds that given the additional setback, the building would create an attractive streetscape in its presentation to Gordon Crescent. 

 

Officer’s comment:-

 

The proposed building width exceeds the maximum building width requirement by 55%.  However, the proposed building has an increased front setback of 19.4m. In addition, the proposed building would be screened by landscaping within the front setback area which would reduce the visual bulk impact on the streetscape.  The variation to the building width requirement is considered reasonable and supported. 

 

Setbacks

 

The objectives of setbacks are:-

1          To establish the desired spatial proportions of the street and define the street edge and provide a transition between public and private space;

2          To assist in achieving visual privacy to dwellings from the street; and

3          To allow for street landscape character.

 

 

Officer’s comment:-

 

The proposed building has a minimum setback of 19.4m to the site front boundary. The front setback area comprises terraces and gardens to the lower ground floor dwellings, deep soil zones, a driveway and pathways.  It meets the objectives and the front setback provisions of the DCP.

 

The proposed building has a minimum setback of 6m to the rear and eastern boundaries. The proposed rear and side setbacks do not meet the provisions which are a minimum of 9m for a 5-8 storey building. 

 

The variation to the rear setback is supported because the building is above the existing ground level on the north elevation is 4 storey and privacy screens are proposed to all north facing balconies.  A 12m building separation for 4 storey buildings would be achieved between the proposed building and the adjoining building to the north at 554-560 Mowbray Road. 

 

However, the proposed building would be 7 storey as seen from the east elevation.  A minimum of 6m setback to the eastern boundary would be inadequate and would create a constraint for the future residential flat building development on the adjoining site at 56-60 Gordon Crescent, Lane Cove North.  The side setbacks to the eastern boundary on Level 4 and Level 5 should be increased to 9m. 

 

Section 94 Contribution Plan

 

Lane Cove Section 94 (S94) Contribution Plan applies to the proposal for the increase in population in the area as a consequence of the proposed development. 

 

The S94 contribution is calculated based on the dwelling mix of the proposed development in the following manner:-

 

Dwelling

Average Occupancy Rate

Contribution Per Person

(2014-2015)

Contribution Per Dwelling

Number of Dwellings

Contribution

1 Bedroom

1.2

$9,636.00

$11,563.20

35

$404,712.00

2 Bedroom

1.9

$9,636.00

$18,308.40

22

$402,784.80

3 Bedroom

2.4

$9636.00

$20,000 (Cap)

7

$140,000.00

Total

 

 

 

64

$947,496.80

 

A credit of S94 contribution for the 6 existing dwelling houses at 46-54 Gordon Crescent and 552 Mowbray Road is 6x$20,000 (cap) =120,000.00.

 

The required S94 Contribution is therefore $827,496.80 ($947,496.80-120,000).

 

The S94 contribution will be required by Condition 11 in accordance with the above assessment. 

 

State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development (SEPP 65)

 

Part 2 of SEPP 65 sets out ten design quality principles as a guide to assess a residential flat building development. The ‘Residential Flat Design Code’ (The Code) is referred to as an accepted guide as to how the principles are to be achieved.

 

Council’s consulting architect has assessed the original design and the amended design and advised the original proposal generally meets the objectives of the principles of good design.  Refer to the SEPP 65 assessment advices.  Refer to Attachment 4 (AT-4).

 

Officer’s comment:-

 

The additional level has been added to the top of the July amended proposal.  11 out of 14 of the additional dwellings are located on L5 and would have good amenity with sufficient solar access, cross ventilation and views to the reserve.  Council also allowed additional height to the development to accommodate the additional dwellings to achieve a better planning outcome within the area.  It is therefore considered that the current proposal meets the objectives of SEPP 65.

 

State Environmental Planning Policy (Building Sustainability Index) 2004

 

A BASIX report has been submitted along with the application.  No issues are raised with regard to water, thermal comfort and energy targets.

 

The amended design would require an amended BASIX report which would be a condition of consent. If approved, an amended BASIX Certificate would be required prior to issue of a Construction Certificate.

 

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.   The variations to the LEP building height standard and the provisions to the number of building storey and setbacks have been discussed in the previous sections of the report. 

 

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

 

The proposed development has been notified in accordance with Council notification policy.  The original proposal was notified between 15 April 2014 and 29 April 2014.  23 submissions including 15 submissions from the residents living in the recently completed residential flat building at 554-560 Mowbray Road (Northwood) were received in response to the notification.  The submissions raised the following concerns and have been distributed separately:-

 

 

Officer’s comment:-

 

It is agreed that the original proposed building did not meet the building height standard of the LEP.  The applicant agreed to reduce the building height and submitted amended plans in July 2014 to meet the building height standard.  The applicant had an intention to meet the building height standard. 

 

 

Officer’s comment:-

 

The site does not have any significant trees worthy of retention. The proposed development would require the removal of most of the trees. However, 40% of the site would have deep soil landscaping and more suitable tree species would be planted in accordance with the proposed landscape plan.

 

 

Officer’s comment:-

 

Mowbray precinct has been rezoned from low residential to high density residential to meet NSW housing target policy.  Traffic volume in Gordon Crescent has been increased since the commencements of the construction of the residential flat buildings since 2011.  Council’s traffic engineer has requested for a construction traffic management plan to address issues related to the movement of any vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport, pedestrians and cyclists during the construction of the proposed development. 

 

 

Officer’s comment:-

 

Most of the south aspect dwellings in 554-560 Mowbray Road (Northwood building) currently enjoy views to bushland in Batten Reserve because their views are gained over the existing dwelling houses with heights less than 9.5m on the subject site.

 

The subject site is within the R4- High Density Residential zone. Residential flat building development with a maximum permitted building of 14.5m (4 storey) is permissible within the zone.  The views to bushland from the lower levels of Northwood apartments would be inevitably impacted by a residential flat building development on the subject site.  Views obtained across another development site are considered difficult to protect in accordance with the Land and Environment Court view sharing principles.

 

 

Officer’s comment:-

 

The subject site is located to the south of Northwood building at 554-560 Mowbray Road.  The shadows of the proposed development would not fall on the Northwood building.  The dedication of the land of 552 Mowbray Road to Lane Cove Council for community use would ensure the solar access to the dwellings with east elevation in Northwood would remain unchanged. 

 

 

Officer’s comment:-

 

It is agreed that the proposed design does not meet all the provisions of the DCP.  The side setback to the eastern boundary should be addressed by amended plans. 

 

The amended plans submitted in September 2014 and the VPA proposal were notified between 17 September 2014 and 15 October 2014. 

 

45 submissions were received in response to the notification of the amended proposal and the VPA.  Refer to Attachment (AT-3)

 

All submissions were taken into consideration during the assessment process.

 

Conclusion

 

The development application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979. 

 

The proposed development complies with the zone objectives of Lane Cove Local Environmental Plan 2009 and the amended plans have addressed the requirements of Lane Cove Development Control Plan. 

 

The request for exception to the building height standard of the LEP is considered well found and is supported. 

 

The proposal meets the minimum solar access and minimum cross ventilation requirements of the DCP and the objectives of the building depth requirements of the DCP.

 

The issues raised by neighbours have been considered and found to be on balance reasonable in the circumstances and context of this current proposal.

 

The amended proposal increases the area of the site by including 552 Mowbray Road, Lane Cove North. The additional floor space generated by the additional site area is accommodated within the original proposed building. As such, there would be no change to the footprint of the original proposal. Inclusion of additional site area increases the soft landscape area which would improve the amenity of the development.

 

The dedication of 552 Mowbray Road to Council for a yet to be determined community use would be a substantial benefit to the community of Lane Cove and has been accepted by Council.

 

The proposed development meets the numerical requirement of building separation by the provision of privacy screens to the rear balconies on the north elevation. The compliance with the objectives of providing adequate amenity achieved in terms of visual and acoustic separation was considered satisfactory.

 

Amended plans and additional information would be required to address Council’s resolution and concerns raised by the assessment team relating to the compliance with BCA and DCP requirements if the application is to be approved.

 

The development application is recommended for approval as a deferred commencement consent.  

 

 

RECOMMENDATION

 

PART A – Deferred commencement conditions.

 

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application DA 14/44 for the demolition of 5 dwelling houses at 46-54 Gordon Crescent, Lane Cove North and the construction of a residential flat building on 46-54 Gordon Crescent, Lane Cove North on Lot 1-5, DP 27911, and Lot 5, DP 10892 and known as 46-54 Gordon Crescent, and 552 Mowbray Road, Lane Cove North subject to the following:-

 

1.       Amended plans are required to ensure that building height does not exceed more than one (1.0) metre above the existing allowable building height of 14.5m excluding lift overruns;

2.       A  minimum of 9.0m setback to the eastern boundary on Level 3, Level 4 and Level 5 shall be provided;

3.       The communal space of the proposed development must be a minimum of 25% of the site area; and

4.       Alternate solution to address non-compliances with BCA provisions must be provided.

 

Documentary evidence as requested or the above information must be submitted to Council within 12 months of the granting of this deferred commencement consent.  The consent cannot commence until written approval of the submitted information has been given by Council.

 

PART B- Operative Conditions.

           

Upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following draft conditions of consent:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with drawings (drawing numbers to be inserted) satisfied with the requirements in Part A except as amended by the following conditions.

 

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

 

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

 

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

 

The consent authority or a private accredited certifier must:-

 

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

 

5.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

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

 

7.         (21) 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 CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS CALCULATED AT THE CURRENT RATE OF $9636.00 PER PERSON (2014-2015).  

 

The S94 contribution is calculated based on the dwelling mix of the proposed development in the following manner:

 

Dwelling

Average Occupancy Rate

Contribution Per Person

(2014-2015)

Contribution Per Dwelling

Number of Dwellings

Contribution

1 Bedroom

1.2

$9,636.00

$11,563.20

35

$404,712.00

2 Bedroom

1.9

$9,636.00

$18,308.40

22

$402,784.80

3 Bedroom

2.4

$9636.00

$20,000 (Cap)

7

$140,000.00

Total

 

 

 

64

$947,496.80

 

A credit of S94 contribution for the 6 existing dwelling houses at 46-54 Gordon Crescent and 552 Mowbray Road is 6x$20,000 (cap) =120,000.00.

 

The required S94 Contribution is therefore $827,496.80 ($947,496.80-120,000).

 

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.         (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

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 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.

 

10.       (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

11.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

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

 

13.       (42)  The provision of 98 on-site carparking spaces including 14 disabled car spaces for the use of the development at all times.

 

14.       A disabled car space must be allocated for the visitor parking. 

 

15.       (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 & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

16.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

17.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)    the name, address and telephone number of the Principal Certifying Authority;

b)    the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)    a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

19.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

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

b)    All reinforcement prior to filling with concrete;

c)     The damp course 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

d)    Completion.

 

20.       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; and

f)     Upper level floor framing.

 

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

 

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

 

a)    The establishment of each level including basement;

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.

 

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

 

24.       (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:-

 

(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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

32.       (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.

 

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.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

36.       (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.

 

37.       The strata subdivision of the development shall require separate development consent.

 

38.       Lots 1-5, DP 27911 which are known as 46-54 Gordon Crescent, Lane Cove North must be consolidated into one lot prior to the issuing of the Construction Certificate.

 

Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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 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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

 

46.       (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.

 

47.       (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.

 

48.       (A11) Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery  movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

49.       (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.

 

50.       (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.

 

51.       (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.

 

52.       (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.

 

53.       (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.

 

54.       (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.

 

55.       (S1) Stormwater Requirement: The following details need to be added to the amended stormwater design plans:-

 

·                     The design needs to incorporate an adequate gross pollutant trap.

·                     Discharge directly to the kerb and gutter is prohibited. The stormwater discharge from the development needs to drain directly into the nearest Council pipe line system. The extension of the Council stormwater system will require a minimum diameter 375mm reinforced concrete pipe.

 

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

 

56.       (D2) Drainage Plans Amendments: The stormwater drainage plan numbered 20140025 Rev B prepared by S&G Consultants Pty Ltd dated 10-09-14 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.

 

57.       (O1) Positive Covenant Bond: The applicant shall lodge with Council a $2000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

58.       (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

 

59.       (D2) Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this 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.

 

60.       (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;and

·             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.

 

61.       (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.

 

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 prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Gordon Crescent  and Giraween Avenue, 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.

 

(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.  

 

63.       (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

 

64.       (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.

 

65.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $50,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works 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.

 

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

1.         New 1.5m wide footpath adjacent the entire frontage of Gordon Crescent and Girraween Avenue;

2.         New Kerb and Gutter along the entire frontage of the Gordon Crescent and Girraween Avenue;

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.

 

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

·                                 All new footpaths on Council Property

·                                 New kerb and gutter on Council Property

·                                 All asphalt adjustments to the roadway

·                                 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.       (C1) Erosion and Sediment Control Plan:  An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

Engineering Condition to be complied with prior to Occupation Certificate

70.       (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

(a)                    be signed by a registered surveyor, &

(b)                    clearly show the surveyor’s name and the date of signature.

 

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

71.       (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.

 

72.       (D6) Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practise.

 

The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

73.       (O2) Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

Environmental Health Conditions

 

74.       (402) Dust Control

 

The following measures must be taken to control the emission of dust:

 

a)                Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work.

 

b)                     Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

 

c)                All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system.

 

d)                     All stockpiles of materials that are likely to generate dust must be kept damp or covered.

 

e)                Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

75.       (403) Dust During Construction

Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences

 

76.       (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.

 

77.       (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)

 

78.       (408) Stockpiles

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.

 

79.       (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.

 

80.       (442) Noise Control – Offensive Noise

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

 

81.       (443) Noise Control – Residential Air Conditioning units

To minimise the impact of noise from the air conditioning unit, it shall be located 3 meters from the boundary and/or attenuated so that noise generated does not exceed 5db(A) above the ambient background level between 7am and 10pm on weekdays and 8am and 10pm on Weekends and Public Holidays.

 

Any noise emitted by the air conditioning unit shall not be audible within a room of any residential dwelling or sole occupancy unit at any time within the hours of 10pm and 7am on weekdays and 10pm and 8am on weekends and public holidays.

 

82.       (444) Noise Control  – Car Park Security Grills

To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5db(A).  Not withstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

83.       (445) Noise Control – Demolition Works

Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

 

84.       (447) Noise Monitoring

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

 

85.       (448) Road Traffic Noise

The residential flat building must be designed and constructed so that road traffic noise levels comply with the satisfactory design sound level in Australian/New Zealand AS/NZS 2107:2000 Acoustics – Recommended design sound level and reverberation times for building interior, with windows and doors closed.

 

86.       (449) Mechanical Ventilation of Rooms

If the noise level with the windows and doors open exceeds the above noise criteria by more than 10dB(A), an approved system of mechanical ventilation must be provided.

 

87.       (450) Ventilation

To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

 

a)                  The Building Code of Australia

b)                  AS 1668 Part 1 and 2 – 1991

c)                  Protection of the Environment Operations Act 1997

 

A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

 

88.       (451) Odour Control

To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997.

 

89.       (453) Ventilation – Garbage Rooms

Garbage rooms shall be ventilated by:-

 

a)                           an approved system of mechanical exhaust ventilation in accordance with the requirements of the Building Code of Australia and Australian Standard AS 1668

b)                           permanent unobstructed natural ventilation openings with contact direct to the external air, having an aggregate area of not less than 1/20th of the floor area.  One half of the openings shall be situated at or near the floor level and one half at or near the ceiling level

c)                           Where permanent natural ventilation openings are provided the openings shall be designed to prevent the entry of rainwater.

 

90.       (454) Car Park Ventilation

The covered car park must be provided with an adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

 

91.       (455) Landscaping not to Impede Ventilation of Car Park

The proposed landscaping must not impede the free flow of air through any natural ventilation openings for the car park.

 

92.       (458) Exhaust air discharge vents

All exhaust discharge vents must be located in a position where no nuisance or danger to health will be created and at least 6 metres from any fresh air intake vent or natural ventilation opening

 

Tree Management Conditions

 

93.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

 

94.       The applicant must obtain a Tree Works Permit from Council prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

 

95.       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.

 

96.       There shall be no access through adjacent park/reserve/ heritage garden to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

97.       No access to the property is allowed via adjoining easement, public open space or public / heritage garden.

 

98.       Submission of a Tree Protection Plan for to be prepared by an AQF Level 5 consultant arboriculturalist. The Tree Protection Plan must illustrate protective measures for all trees to be retained/ protected during construction and identify the location of tree protection fencing and appropriate signage. The Tree protection plan must be submitted to the accredited certifier PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE AND BE AVAILABLE ON SITE FOR THE DURATION OF THE DEVELOPMENT.

 

99.       A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE . This signage must be in accordance with Australian Standard (AS1319)

 

100.     All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing.

 

101.     All trees designated for retention and protection must be tagged by the site arborist prior to commencement of works including site preparation and demolition. The identification tags must show the tree species, tree number and tree protection specifications for each individual tree. The tags must be placed on each tree at 1.6m from ground level and be in legible size for examination. The arborist shall certify that all trees have been tagged correctly and this certification must be obtained by the Private Certifier prior to commencement of works on the site. The tags must remain on the trees for the duration of the development works including landscape construction.

 

LANDSCAPE CONDITIONS OF DEVELOPMENT CONSENT

 

102.     (378 - revised) Detailed landscape documents for construction are to be prepared by a qualified landscape architect, environmental designer or horticulturist and submitted to the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.  The detailed landscape drawings are to include plans, sections, construction details, and specifications as necessary for the implementation of the landscape works, including any pavements, landscape structures, soil profiles and soil preparations, planting works, and maintenance schedule, and are to comply in all respects with the conditions of the development consent. The plans and specifications are to be certified by the author as meeting the requirements of the conditions of consent.

 

103.     (379) – Provision must be made for on-structure landscaping to have adequate soil depth, volume and suitable soil profile to support the number of trees and shrubs indicated on the landscape plans prepared by A total Concept Landscape Architects DWG: L/01-02 Rev A -dated 24/02/14. Provisions to comply with 3.20 Planting on structure of Lane Cove Development Control Plan 2009, Part C.

 

104.     (New) The Applicant must ensure that all canopy trees illustrated as site perimeter plantings as per landscape plans prepared by A total Concept Landscape Architects DWG: L/01-02 Rev A -dated  24/02/14 are planted to provide buffer planting and a vegetative partition between the adjacent properties.

 

105.     (382-revised)  Ground covers and low shrubs are to be planted at appropriate numbers, densities and depths so to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works.

 

106.     (383) All landscape works is to be completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

MATTERS TO BE SATISFIED PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

 

107.     (394) A qualified practising landscape architect, Landscape / environmental designer or horticulturist, is to certify that the proposed subsoil drainage and any associated waterproofing membrane, have been installed in accordance with the details shown on the landscape working drawings and specification. Works are not to progress until the principal certifying authority has confirmed that this condition has been satisfied.

 

108.     (395) A landscape practical completion report is to be prepared by a consultant landscape architect and submitted to the Principal Certifying Authority  within 7 working days of the date of practical completion of all landscape works. This report is to certify that all landscape works have been completed in accordance with the approved landscape working drawings. A copy of this report is to accompany a request for the issue of an Occupation Certificate

 

109.     (396) Prior to the issue an Occupation Certificate, the applicant / developer is to submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from date of issue.

 

110.     (371) At the completion of the landscape maintenance period, the consultant landscape architect/ designer is to submit a report to the Principal Certifying Authority, certifying that all plant material has been successfully established and that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Strata Managers /Owners/ Occupiers.

 

Traffic Management Conditions

 

111.     Parking and servicing

(a)        The proposed Car Park design must 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.

(b)        The access to the car park must comply with Australian Standards. AS 2890.1-2004.

(c)        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. All waste collection must be carried out on-site in accordance with Council’s DCP Part Q.

 

112.     Construction Management Plan

A Construction Management Plan must be lodged with Council prior to any work being undertaken on the site. This includes demolition works, site preparation and construction works. The Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of any vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport, pedestrians and cyclists. 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.

(i)                       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.

(ii)                      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.

(iii)                     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”.

The traffic and parking activity during the construction phases must 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. 

 

Waste Service Conditions

 

113.     The clearance height for the car park entry must be no less than 2.6 metres.

 

114.     The clearance height of 2.6 metres must be maintained throughout the travel path and stationary location of the waste collection vehicle.

 

115.     The size for the bulky goods storage room must be no less than 30 square metres.

 

116.     An area of minimum 1 x 2 metres must be indentified on the landscape plan as communal composting/worm farming facility.

 

117.     Waste Bin Allocation

Having regards to the number of units in this application, the developer must apply the required number of MGBs supplied by Council.

 

Rural Fire Service Conditions

 

118.     Asset Protection Zones

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

At the commencement of building works and in perpetuity, the entire property

shall be managed as an inner protection area (IPA) as outlined within section

4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW

Rural Fire Service's document 'Standards for asset protection zones'.

 

119.     Water and Utilities

 

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

Water, electricity and gas shall comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

120.     Design and Construction

 

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

(a)        New construction of the roof, the eastern, southern and western elevations of the proposed residential flat building shall comply with section 3 and section 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 of Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

(b)        New construction on the northern elevation of the proposed residential flat building shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 of Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

(c)        All new fencing shall be non-combustible.

 

(c)                 Structure and shade materials in the inner protection area shall be non-combustible or have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

 

(d)                 A positive covenant shall be established for the proposed residential flat building to restrict the storage and/or use of combustible materials on the balconies that extend into the inner protection area (IPA) on the southern elevation.

 

121.     Landscaping

 

Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

General Advice – consent authority to note

 

This assessment is based on the provision of minimum 31 metre wide asset protection zone (APZ) to the south of the proposed residential flat building.

 

This APZ incorporates the building line setback from the Gordon Crescent boundary of the development site and the width of Gordon Crescent, measured from the southern lot boundary to the 'back' or southern edge of the concrete kerb on the southern side of Gordon Crescent as indicated on the drawing 'Section 7 - Plan of Asset Protection Zone to proposed Medium Density Residential Flat Building' in the 'Bushfire Protection Assessment' prepared by Australian Bushfire Protection Planners Pty Limited referenced B142193 and dated 17.03.2014.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

18 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

AT‑3 View

Report to Council on Proposed VPA

6 Pages

 

AT‑4 View

SEPP 65 comment by Tim Williams Architects dated 6 June 2014

2 Pages

 

AT‑5 View

SEPP 65 Report  by Tim Williams Architects dated 14 May 2014

9 Pages

 

 

 


ATTACHMENT 1

Site Location Plans

 



















ATTACHMENT 2

Neighbour Notification Plan

 



ATTACHMENT 3

Report to Council on Proposed VPA

 

Subject:          Results of Community Consultation on the Proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North    

Record No:    SU5560 - 69708/14

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 


Executive Summary

 

This report outlines the results of the community consultation on the proposed Voluntary Planning Agreement (VPA) on the property 46-54 Gordon Crescent, Lane Cove North. The VPA proposes the transfer of the land at 552 Mowbray Road, Lane Cove North to Council for open space purposes, in return for transferring the permissible floor space for that site to the adjacent development at 46-54 Gordon Crescent. Generally, the majority of respondents were not in favour of the proposal citing reasons such as loss of views, site not suitable for park or community uses and concerns the owner of 552 Mowbray Road and developer may benefit from the proposal. The report will address the community feedback and the key issues raised and recommend that the proposed VPA be accepted due to the benefits the proposal provides for the community and Council.

 

Background

 

Council at its meeting on 18 August 2014 considered a report in relation to the subject proposed VPA and resolved that:-

1.   Council receive and note the report;

2.   Council give notice of its intention to enter into a Voluntary Planning Agreement (VPA) as outlined in the report with the developer of the subject site in accordance with the consultation strategy outlined in the report;

3.   Following the community consultation, a further report be submitted to Council for determination; and 

4.   Council seek submissions from the Mowbray Precinct Working Party regarding the proposed VPA and potential community uses for the site at 552 Mowbray Road.

 

CE Concepts No 2 Pty Ltd (the proponent) are seeking to transfer the permitted floor space ratio (FSR) applicable to 552 Mowbray Road to land and buildings at 46-54 Gordon Crescent to provide 14 additional residential dwellings. In return Council would receive the land and dwelling free of costs for community purposes. In the absence of a VPA, 50 units would be permitted on the Gordon Crescent site. The land has an area of 697sqm and if not acquired by the Developer or Council direct, would result in a single dwelling being surrounded on three sides by multi unit apartment buildings. The proposed VPA provides the opportunity for a good planning outcome by removing an isolated dwelling and assists Council in meeting its objective of providing more open space in the Mowbray precinct. It is noted that Council would be responsible for the cost of developing the open space including removal of the single dwelling on the site. As the contribution made via the VPA would be in addition to Council’s existing s.94 Contributions for the development site, the S94 collected from the 14 additional units, would yield approximately $250,000 which would cover any improvements on the site.

 


Community Consultation

 

The proposed VPA was placed on public exhibition concurrently with the Development Application for 46-54 Gordon Crescent. It was undertaken as per the consultation strategy outlined in the original report and included Newspaper Advertisement, eNewsletter, Notification Letters and Website Exhibition. A meeting of the Mowbray Precinct Working Party was also held on 23 September to consider the proposed VPA and potential uses for the site. A copy of the Minutes of that meeting are at AT-1 with the recommendations of the Working Party being as follows:-

 

i)    Comment on VPA: The Mowbray Precinct Working Party considers that they do not believe the current VPA is viable; and

ii)   Potential Community Uses: The Mowbray Precinct Working Party considered uses such as open space, child day care, community centre, walkways, tree planting, recreational uses such as outdoor gyms and slides. The Working Party considers that the slope and cost to achieve any of these activities given the slope of the site made the community-use options expensive and unviable. The Working Party also does not support commercial use, which does not fit in with community usage.

 

As a result, 45 submissions were received during the consultation period with 40 raising concerns or objections about the proposal. A summary of the number and nature of the issues raised is as follows:-

 

Number of Responses

For

3

Against

40

Neutral

2

TOTAL

45

 

Issues Raised

Number of Responses

Site not suitable for park/community use

24

Concerned about cost of rehabiliting the site for community use

13

Opposes the VPA process in general/feels it is not a consistent decision/No community benefit

21

Impact on ammenities of surrounding residents/property value/noise pollution/high rise nature of building

19

Doesn't support transfer of FSR to Gordon Crescent site

2

Dissatisfied that the property owner allowed/was allowed to let the property to became isolated as a result of surrounding developments

1

Objections/expresses concerns for DA

10

Concerned about number of units in development/high density housing

2

Concerns about parking/traffic/infrastructure impacts

6

Supports parkland but not future construction/development on 552 Mowbray Road

1

Supportive of use of 552 Mowbray for Park

2

Concerns about environmental impact/preservation of trees and natural environment.

2


Discussion

 

It is considered that the objections and issues can be summarised into the following categories, with each category to be addressed further in the report:-

i)   Site is not suitable for a Park/Community uses;

ii)  Impact on views from new Unit developments at 544-550 and 554-560 Mowbray Road;

iii)  Size and scale of development proposed for 46-54 Gordon Crescent;

iv) Suggestion owner of 552 Mowbray Road had previous opportunities to sell the premises;

v)  Benefits to the developer; and

vi) Benefits to the community and Council.

 

Suitability of site for Park/Community Uses

 

Many of the respondents including the Mowbray Precinct Working Party have suggested that the site is limited in capacity for community uses such as a park/open space or community facilities/child care centre due to the sites relatively small size i.e. 697m², topography and access issues from Mowbray Road. They further suggest that due to these issues, it would be difficult and expensive to develop the site for any of the above purposes.

 

Whilst it is acknowledged that the site is small and slopes to the rear of the property, an inspection has revealed that the current owners have developed the site on a terraced basis, with the land therefore capable of being completely redeveloped on this basis as a park/open space following removal of the existing dwelling on the site. It is estimated that should the VPA be supported by Council, the developer would be required to pay further Section 94 contributions for the 14 additional units totaling approximately $250,000. Additionally, based on the anticipated minimum rate for 2015/16 of $650, Council would receive around $9,100 per annum extra in Rates per annum. Preliminary design estimates have indicated that the site could be developed for passive open space, with limited playground facilities, pathways, seating, picnic tables and appropriate landscaping and including removal of the dwelling for less than $200,000 with annual maintenance costs being contained within the additional rating income received.

 

It is noted that interest has been received for the adaptive re-use of the dwelling and the site for a child care centre. Detailed design would be required to identify the cost of adapting the site and premises for this use and to comply with licensing requirements as well as any issues addressed in a development application. However, should this option be pursued a competitive process would be initiated with potential operators required to contribute to the capital cost of redeveloping the premises and pay a rental contribution to Council.

 

Impact of New Unit Developments in Mowbray Road

 

Submissions have been received from owners of the new unit developments at 544-550 and 554-560 Mowbray Road, particularly owners/residents overlooking the Gordon Crescent site, claiming that they were advised in purchasing their properties that the properties at 46-54 Gordon Crescent would not be developed for units and thus not impact on their views, sunlight etc. Also, they understood their amenity would not be impacted by a reserve/open space adjoining their property.

 

However, it is pointed out that the site has an R4 High Density Residential zoning under Lane Cove LEP 2009. Therefore should the VPA not proceed, the site on Gordon Crescent still has a permissible height level of 14.5 metres and the developer has lodged a Development Application on this basis. If the VPA is supported the developer would be able to develop a maximum of one additional level i.e. a fifth floor and has submitted a Development Application which involves a breach in the height limit of 2.1 metres. Site investigations have revealed that in any event, the only unit owners in Mowbray Road impacted by a loss or restriction in their views are those on the top level. All other levels would have their views to the south and Batten Reserve removed with either development. Council engaged Craig and Rhodes Surveyors to prepare a survey and photo montage of the impact on views, which is illustrated in AT-2 of the report. It indicates the view plane of a 1.8m height person standing on the edge of the balcony of a top floor unit at 554-560 Mowbray Road for both a compliant and VPA development on 46-54 Gordon Crescent. The views available are primarily distant vegetative regardless of the scheme, but are reduced if the VPA is approved. The degree of impact therefore is considered marginal. In terms of overshadowing, Council’s Planners advise that as the Gordon Crescent development site isolated to the south of the Mowbray Road developments, there will be minimal if any overshadowing effect on the Mowbray properties.

 

Size and Scale of Development Proposed for 46-54 Gordon Crescent

 

Many submissions address concerns about the size i.e. height, bulk and scale of the proposed development in the event the VPA is supported. These are considered to be planning issues which appropriately should be addressed in any consideration of development application(s) for the site.

 

However, Council’s Planners advise that should a Development Application be approved on the basis of the VPA being supported, the applicant would only be able to develop one further floor i.e. a fifth floor on the Gordon Crescent site, with an overall area of 1,115m² generated on the development by the transfer of the permissible FSR from 552 Mowbray Road to the site. The Elevation Plan at AT-3 shows the height of the proposed development inclusive of VPA in comparison to other developments in Gordon Crescent, together with the 14.5m height line and the average building heights for the precinct. It suggests that there would be a minimal impact on the character of the area by an additional level.

 

Suggestion Owner had Previous Opportunities to Sell the Site

 

A number of respondents suggested Council would be actively supporting the owner of 552 Mowbray Road if the VPA is supported given the owner had two previous opportunities to sell the site to the developers of the 2 adjoining unit developments in Mowbray Road. It is acknowledged that the developer did have 2 previous opportunities and any commercial consideration in the current and previous proposals are matters for the owner and developers of the subject site. However, Council’s objective with all three developments was to ensure and if necessary to facilitate an outcome to overcome the undesirable scenario of retaining isolated single dwellings in a unit precinct and secondly, to secure further open space for the community benefit.

 

Benefit to the Developer

 

Some submissions suggest that the developer substantially benefits from the proposal VPA. Council engaged Hill PDA for an independent assessment of the VPA, which is Council’s normal practice in considering such proposals to ensure they meet Council/ Community interests. The benefit to the developer would be the additional 14 apartments. Hill PDA estimate the value of the additional apartments to be $2.8m ($200,000 per additional unit) based on the resulting increased development site value. This surplus is offset by an additional land purchase cost of $1.98m and other consequent site acquisition costs of between $110,000 to $125,000 (including stamp duty, legal fees and due diligence). The net benefit to the developer is therefore approximately $700,000.

 

The additional 14 apartments are achievable within the permissible floor space capacity of the amalgamated sites but due to the building envelop constraints of 4 storeys and side boundary setbacks.

 

Benefit to the Community and Council

 

Whilst there are a significant number of concerns raised in submissions which have been addressed in the report including the cost of developing 552 Mowbray Road for community use and loss of views from developments in Mowbray Road, the reality is that this would be minimal as the site has development potential in any event for a height of up to 14.5m.

 

The benefit to Council is 697sqm of open space for a park/community garden in an increasingly higher density area. Council is desirous for more open space and it is considered that the location of this land is suitable for that requirement.

 

Hill PDA consider the VPA passes the community interest test as the VPA value offer by the developer to Council is equal or greater than the benefit they seek. The benefit to Council is both in the saving of land acquisition costs for open space and for the social benefit such open space provides for the community, as well as a good planning outcome.

 

Conclusion

 

In summary, the proposed VPA whilst benefiting the developer with potential for 14 additional apartments within the development site at 46-54 Gordon Crescent, provides greater benefits to the community through a good planning outcome and the provision of additional open space in the Mowbray Precinct and the last opportunity for removal of an isolated single dwelling surrounded by apartment dwellings, without Council having to acquire the site.

 

It will therefore be recommended that Council accept the proposed VPA.

 

 

 


 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the report;

 

2.   Proceed with the Voluntary Planning Agreement with CE Concepts No2 Pty Ltd in respect of 552 Mowbray Road and 46-54 Gordon Crescent, as outlined in this report; and

 

3.   All submitters and the Mowbray Precinct Working Party be advised of Council’s decision and thanked for their feedback.

 

 


 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 


 

ATTACHMENTS:

AT‑1 View

Minutes of Mowbray Working Party Meeting on 23 September 2014

3 Pages

 

AT‑2 View

Surveyors Diagram - View Impacts from Unit Developments in Mowbray Road

1 Page

 

AT‑3 View

Gordon Crescent Street Elevation Diagram

1 Page

 

 


ATTACHMENT 4

SEPP 65 comment by Tim Williams Architects dated 6 June 2014

 



ATTACHMENT 5

SEPP 65 Report  by Tim Williams Architects dated 14 May 2014