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Minutes

Independent Hearing and Assessment Panel Meeting

3 February 2015, 5:00pm

 


Independent Hearing and Assessment Panel 3 February 2015

Minutes

 

 

 

PRESENT:                 Hon David Lloyd, Chairman, Mr Eugene Sarich, Planning Expert, Mr David Johnson, Environmental Expert and Ms Mary Rawlings, Community Representative

 

ALSO PRESENT:      Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Mr Andrew Thomas, Town Planner, Mrs Kristy Wellfare, 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

 

5 Gentle Street, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is granted to Development Application D89/14 for alterations and additions that involve the conversion of a garage to a pool house, a roof extension, a swimming pool, a carport  and a front fence on Lot  3 DP 9653 and Lot 1 DP 176532 and known as 5 Gentle Street, Lane Cove subject to the following conditions:-

 

Plans

 

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

 

·    A01, Revision 03, dated June 2014;

·    D01, Revision 05, dated September 2014;

·    D02 and D03, Revision 04, dated September 2014;

·    E01 and E02, Revision 06, dated October 2014, by  Celia Carroll Design; and

·    P1 - P3, dated March 2014, by Right Angle Design and Drafting Pty Ltd,

 

except as amended by the following conditions.

 

Specific

 

2.       No approval is granted, or implied, for the use of the pool house as a separate dwelling/secondary dwelling/dual occupancy. The kitchenette is to be deleted, although a wet bar is allowed. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFCATE.

 

3.       In order to reduce the visual impact of structures on the adjoining property at 3 Gentle Street, the FFL of the pool house, and the entertaining area behind it, are not to exceed RL 54.058.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

         

4.       So as to ensure that it would have least impact on adjoining neighbours, the filter box is to be relocated to the position proposed on Revision 5 of the approved plans i.e. at the intersection of the western side boundary fence of the subject site and the rear boundary fence of 3 Gentle Street (where an existing Pear tree will be removed). This relocated position is to be confirmed on plans submitted with a Construction Certificate.

 

5.       In order to reduce potential overlooking of, and noise affecting, all three adjoining properties from the swimming pool and its use, a combined acoustic and privacy screen with a minimum height of 1.8m is to be constructed along the following common side boundaries:-

 

·    To 84B Centennial Avenue, so as to screen and shield both ground floor level windows within this adjoining dwelling house; and

·    Along the site’s rear boundary between its northwest corner and the existing retaining wall adjacent to the existing Crepe Myrtle tree (i.e. A distance of about 12.5m), so as to screen and shield the 3 lower floor level windows of the adjoining unit at 143 - 145 Burns Bay Road; and

·    The rear yard of 3 Gentle Street.

 

This structure is to be designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS 1926.1 - 2012, Part 1: Safety barriers for swimming pools.

 

THIS STRUCTURE IS TO BE IN PLACE PRIOR TO THE USE OF THE SWIMMING POOL, AND PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.       In order to reduce potential overlooking of the rear yard of 3 Gentle Street from the steps connecting the swimming pool concourse to the pool house, either a privacy screen with a minimum height of 1.8m above each step is to be attached to their northwest side, or screen planting is to be planted along their northwest side with a height when planted of not less than 1.8m above the level of each step. THE PHYSICAL PRIVACY SCREEN, OR SCREEN PLANTING, IS TO BE IN PLACE PRIOR TO THE USE OF THE SWIMMING POOL, AND PLANS ARE TO BE AMENDED ACCORDINGLY TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.       In order to reduce potential overlooking of the rear yard of 3 Gentle Street from the entertaining area at the rear of the pool house, the height of the common side boundary wall is to be 1.8m above its FFL. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFCATE.

 

8.       In order to ensure the front fence, and its return, comply with cl. 1.4.1 d) and g) under Part C.1 of Council’s DCP 2009, the width of the spacing between palings must be at least the same as the width of the palings, and the design of its return must match the front elevation, respectively. Further, the height of the return is not to exceed 1.5m above existing ground level at each step, and both gates are to open inwards. These requirements are to be confirmed on the elevations, and on a typical detailed plan of the both elevations at a scale of 1:50, submitted with a Construction Certificate

 

9.       In order to ensure that the future maintenance of any retaining wall is the responsibility of the owner of 5 Gentle Street, any retaining wall is to be constructed wholly within the subject site.

 

10.     In order to prevent any new work encroaching on a neighbouring property, all new work is to be located wholly within the subject site. If any doubt is raised, Council may request the submission of a survey report.

 

11.     In order to address potential conflicts between proposed structures and lot boundaries, the consolidation of the site’s existing two lots is to occur within twelve (12) months from the date of Council’s determination, or prior to the issue of an Occupation Certificate, whichever occurs sooner, and a copy of the registered consolidation is to be submitted to Council. 

 

General 

 

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

 

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

 

14.       (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.

 

15.       (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

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

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

           

18.       (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.

 

19.       (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.

 

20.       (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.

 

21.       (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.

 

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

 

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

 

a) That forms a barrier between the swimming pool;

 

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

ii)   Any place (whether public or private) adjacent to or adjoining the premises.

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS 1926.1 - 2012, Part 1: Safety barriers for swimming pools.

 

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

 

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

           

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

 

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

 

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

 

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

 

26.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

27.       (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)         Pier holes/pads before filling with concrete;

b)         All reinforcement prior to filling with concrete;

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)         Pool reinforcement prior to placement of concrete;

h)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water;

i)          Stormwater drainage lines prior to backfilling; and

k)         Completion.

 

28.       (57) Structural Engineer's details being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE for the following:-

 

a)         Retaining walls;

b)         Footings;

c)         Reinforced concrete work; and

d)         Structural steelwork.

 

29.       (58) A Structural Engineer's certificate is to be submitted certifying that the existing garage is capable of carrying the additional loads PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

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

 

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

 

33.       (63)  Metal pergolas, and all metal deck roofs, are to be of a ribbed metal profile or    colorbond corrugated galvanized or zincalume iron, in a mid to dark colour range.

 

34.       (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.

 

 

 

35.       (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; and

 

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

 

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

 

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

 

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

 

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

 

39.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

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

 

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

 

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

 

43.       (87) Council’s verge in front of the site to be kept clear and trafficable at all times.

 

44.       (130)  Compliance with the Waste Management Plan submitted under this application.

 

45.       (132)  It should be understood that this consent in no way relieves the owners or applicant    from any obligation to obtain any other approval which may be required under any covenant            affecting the land or otherwise nor relieve a person from the legal civil consequences of not     complying with any such covenant.

 

 

46.       (137) Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

47.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

Engineering 

 

49.     (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.

 

50.     (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.

 

51.     (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.

 

52.     (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.

 

53.     (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.

 

54.     (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.

 

55.     (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’.

 

56.     (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.

 

57.     (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 carport shall be determined by Council.

 

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

Note:-

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

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

 

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

 

 

Engineering conditions to be complied with prior to Construction Certificate

 

59.     (S1) Stormwater Requirement: Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism:-

·    roof areas are to drain to the reuse system with overflow to the street to the satisfaction of Council’s Development Engineer;

·    all other areas to drain to Absorption system; and

·    environmental pollution control pit is to be installed just prior to the connection to the street system.

 

The design and construction of the drainage system is to fully comply with AS 3500 and Part O of 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

 

The detailed stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with AS 3500 and Part O of Council's DCP - Stormwater Management.

 

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

 

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

 

61.     (T2) Design of Pool Structure: The proposed concrete pool is 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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

64.     (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.

 

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

 

66.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

 

Engineering condition to be complied with prior to commencement of construction

 

67.       (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 conditions to be complied with prior to Occupation Certificate

 

68.       (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; and

·    All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

 

69.       (V3) Redundant Gutter Crossing: The kerb and gutter shall be reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

Trees 

 

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

 

71.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on site, located in neighbouring properties or trees located in adjacent reserves and Council land, including the cutting of any tree roots greater than 40mm in diameter. The following tress in the site’s rear yard are exempt from this condition of consent because their close proximity to the proposed swimming pool and/or pool filter box would require their removal:-

 

·    the Pear;

·    the Crepe Myrtle;

·    the Jacaranda; and

·    the Asian Bell - flower/China doll.

 

 

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

 

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

 

74.       (317) The Jacaranda tree that is located along the site’s rear boundary, and directly in line with the rear of the dwelling house, must be protected for the duration of the development.  A 1.8m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of this tree. This tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within 5m of each tree shall remain undisturbed.

 

75.       (317) The Brushbox street tree must be retained and protected for the duration of the development.  A 1.8 m high chain mesh fence shall be erected encompassing the entire grass nature strip and ending 400mm from the footprint of the new driveway crossing. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

76.       A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

77.       All tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORK. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development.

 

            Bond on Council street tree

 

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

 

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

           

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

 

 

The Panel vote was unanimous

 

 

 

1-5 Little Street, Lane Cove

 

DETERMINATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent DA 90/2012 granted on 21 November 2012 for the Demolition of existing structures, excavation for 5 basement parking levels, and construction of a 9 storey mixed use building with 58 residential dwellings on Lot 51, DP 5922, Lot 2, DP 524992 and Lot B, DP 411363 and known as 1-5 Little Street, Lane Cove is amended in the following manner:

 

A.        By amending the following conditions 1, 6, 13 and 14 to read

 

1.         That the development be strictly in accordance with drawings by K E Architects Pty Ltd, and Woods Bagot except as amended by the following conditions within this Notice.

 

Drawing numbers

Description

Issue

/Revision

Date

1001

Site Analysis Plan

S96

18-11-14

1002

Site Plan

S96

18-11-14

DA01

Cover & Basix specifications

-

-

0001

Basement 05 Plan

S96_B

10-10-14

0002

Basement 04 Plan

S96_B

10-10-14

0003

Basement 03 Plan

S96_B

10-10-14

0004

Basement 02 Plan

S96_B

18-11-14

0005

Basement 01 Plan

S96_D

13-01-15

0006

Mezzanine Plan

S96_B

18-11-14

0007

Ground Floor Plan

S96_B

18-11-14

0008

Level 01 Plan

S96_B

24-11-14

0009

Level 02

S96

24-11-14

0010

Level 03

S96

24-11-14

0011

Level 04

S96

18-11-14

0012

Level 05

S96

18-11-14

0013

Level 06

S96

18-11-14

0014

Level 07

S96

18-11-14

0015

Roof Plan

S96

18-11-14

0100

Little Street Elevation(East)

S96_B

18-11-14

0102

North Elevation

S96_B

18-11-14

0103

South Elevation

S96_B

18-11-14

0101

Little Lane Elevation (West)

S96_B

18-11-14

0200

Section A-A

S96_B

18-11-14

0201

Section B-B

S96_B

18-11-14

0202

Sections-Internal Carpark Ramp

S96

25-08-14

0203

Sections – Public Carpark Entry Ramp (B2)

S96

25-08-14

0300

Area Summery

S96

18-11-14

0400

Material Palette

S96

18-11-14

0500

Adaptable units Sheet 01

S96

24-11-14

0501

Adaptable units Sheet 02

S96

24-11-14

0502

Adaptable units Sheet 03

S96

24-11-14

0503

Adaptable units Sheet 04

S96

24-11-14

0600

Shadow Diagrams: Horizontal June 22

S96

18-11-14

0601

Shadow Diagrams: Vertical

S96

18-11-14

0602

Shadow Diagrams: Vertical (Impact 7-9 Little Street)

S96

18-11-14

0700

Height Plane Diagram

S96

18-11-14

 

6.         External materials of construction, colours and finishes shall be in accordance with Drawing No 0400, Material Palette S96 dated 18 November 2014 by Woods Bagot.

 

18.    The payment of a contribution of $40,493.44 in accordance with Council’s Section 94 Contributions Plan towards Traffic Management and Streetscape improvements, Open Space and Recreation Facilities, Drainage and Community Facilities. The contribution is to be made prior to the issue of a Construction certificate and is to be at the current rate at the time of payment.

 

The contribution is based on 416m2 of additional retail /commercial floor space at the current contribution rate of $97.34/m2 .

 

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED. THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

19.    The payment of a contribution of $967,518.00 in accordance with Council’s Section 94 Contributions Plan towards Traffic Management and Streetscape improvements, Open Space and Recreation Facilities, Drainage and Community Facilities. The contribution is to be made prior to the issue of a Construction certificate and is to be at the current rate at the time of payment.

 

The contribution is based on an increase in residential population of additional 104.9 persons at the current contribution rate of $9636.00/person.

 

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED. THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

B.        By inserting the following conditions

 

132      The development make provision for a fire control centre installed in accordance with Clause E1.8 of the Building Code of Australia.

 

133      The exit doors and widths to the mezzanine level public spaces are to comply with DP4 and DP6 of the Building Code of Australia

 

134     A minimum of 8 disabled car parking spaces are to be provided, one each for the 8 adaptable units

 

135      A minimum of 2.6m clearance is to be provided at the entry of the car park and  all throughout the travel path of waste collection vehicle.

 

136      A total area of bulky waste goods store rooms shall be a minimum of 30m2 .

 

137      Communal Composting/ worm farming shall be provided in a suitable location.

 

138      Indemnity.  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.

 

139      An additional general stair access from the mezzanine level to the ground floor public lobby must be provided. Plans to be amended prior to issue of Construction certificate.

 

 

The Panel vote was unanimous

 

 

2 Birriwa Place, Northwood

 

DETERMINATION

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Development Application for the construction of a new dwelling house and swimming pool, landscape works and minor boundary adjustment on 2 Birriwa Place, Northwood was considered by the IHAP on 3 February 2015 and is refused for the following reasons:

 

1.         The unacceptable and severe impact on the amenity of No.5 Birriwa Place by way of loss of significant water views from that property.

 

2.         The unacceptable and severe impact on the amenity of No.3 Birriwa Place by way of loss of solar access to that property.

 

3.         A more skilled design could provide the applicant with a similar development potential and amenity and reduce the adverse impact on surrounding properties.

 

4.         Such a skilful design might include the relocation of the garage structure towards the street frontage and a reduction in size to accommodate 2 cars, with consequent amendments to the principal design.

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 6.15pm

 

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