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Minutes

Independent Hearing and Assessment Panel Meeting

2 December 2014, 5:00pm


Independent Hearing and Assessment Panel 2 December 2014

Minutes

 

 

 

PRESENT:                 Hon David Lloyd, Chair, Mr Steve Fermio, Environmental Expert, Ms Kara Krason, Planning Expert and Sarah Balzer, Community Representative

 

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

 

DECLARATIONS OF INTEREST:  Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Independent Hearing and Assessment Panel Reports

 

388 Pacific Highway, Lane Cove.

 

DETERMINATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, “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 and known as 388 Pacific Highway, Lane Cove has been granted 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;     

·    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.  

 

3.         Submission of an acoustical engineer’s report which demonstrates that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

 

            (a)        in any bedroom in the building – 35 dB(A) at any time between 10pm and 7am;             and

                        (b)        anywhere else in the building (other than a kitchen, bathroom or hallway) –                        40 dB(A) at any time.

 

                        in accordance with cl.102(3) of SEPP (Infrastructure) 2007.

 

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                                                   8.00am to 1.00pm

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 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.

 

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

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:

o     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. 

o     not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage.

o     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

·    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

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

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 2890.12004.

 

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.

 

 

The Panel vote was unanimous

 

 

51 Northwood Road, Northwood

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is refused to Development Application DA72/13 for the construction of the dwelling house, carport and swimming pool on Lot 12, DP 737405, known as 51 Northwood Road, Northwood for the following reasons:

 

1.         The changes are so extensive and numerous that the resulting development is not substantially the same as the original consent.

 

 

2.         The various changes have resulted in an overall rearward extension of the building of 6.6m on the lower ground level, 3.6m on the ground level and 0.6m on the first level, which in turn results in a significant and unacceptable adverse impact on the amenity of the adjoining properties – namely overshadowing, loss of privacy and loss of significant views.

 

3.         Exceedance of the maximum allowable Floor Space Ratio.

 

 

 

The Panel decision was unanimous.

 

 

46-54 Gordon Crescent, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979,  as amended, development consent is granted to development application DA44/14 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, DP27911 and Lot 5, DP10892 and known as 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings prepared by PBD Architects, dated November 2014 except as amended by the following conditions.

-      Cover Page, DA00, Issue E;

-      Site Analysis/Site Plan/Demolition Plan, DA01, Issue D;

-      Basement Level Two Plan, DA02, Issue E;

-      Basement Level One, Plan, DA03, Issue D;

-      Lower Ground Floor Plan, DA04, Issue E;

-      Ground Floor Plan, DA05, Issue D;

-      Level One Plan, DA06, Issue D;

-      Level Two Plan, DA07, Issue D;

-      Level Three Plan, DA08, Issue E;

-      Level Four Plan, DA09, Issue E;

-      Level Five Plan, DA10, Issue B;

-      Roof Plan, DA11, Issue D;

-      Section A-A, DA12, Issue E;

-      Section B-B, DA13, Issue E;

-      South Elevation, DA14, Issue D;

-      West Elevation, DA15, Issue E;

-      North Elevation, DA16, Issue E;

-      East Elevation, DA17, Issue E;

-      Proposed Landscape Plan (Lower Ground Floor), L/01, Revision A, prepared by ATC, dated 24/02/14;

-      Proposed Landscape Plan (Level One & Ground Level), L/02, Revision A, prepared by ATC, dated 24/02/14.

 

1A.      The terms and conditions of the Voluntary Planning Agreement (VPA) relating to the proposed development must be fully complied with prior the commencement of any building works including demolition and site preparation.”

 

1B.      Private screens with a minimum height of 1.7m from the finished floor level must be installed at the eastern edges of the balconies on Level 3, 4 and 5 on the east elevation of the building.

 

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.

 

9a.       High noise generating activities, including rock breaking and saw cutting are restricted to Monday to Friday 8am to 5pm.

 

            High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours, without a 1 hour break.

 

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

            h)         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;

            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.

·           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 Girraween 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.

            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 section4.1.3 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.

 

            (d)     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'.

 

            (e)     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.

 

 

The decision of the Panel was 3 for and 1 against

 

 

CLOSE

 

The meeting closed at 8.30 pm

 

 

********* END OF MINUTES *********