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Minutes

Independent Hearing and Assessment Panel Meeting

7 April 2015, 5:00pm

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Independent Hearing and Assessment Panel 7 April 2015

Minutes

 

 

 

PRESENT:                 Hon David Lloyd, Chairman, Mr Trevor Bly, Planning Expert, Mr Steve Fermio, Enivornmental Expert and Ms Sarah Balzer, Community Representative

 

ALSO PRESENT:      Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Andrew Thomas, Town Planner, Mr Norm Fletcher, Consultant 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

 

18A Bellevue Avenue, Greenwich

 

DETERMINATION

 

DEFERRED COMMENCEMENT - Part  A

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, a deferred commencement consent to Development Application D193/14 for the demolition of a garage and retaining walls, and the construction of a part one and part two storey dwelling house with basement garage below and fences on Lot 2 DP1188107 and known as 18A Bellevue Avenue, Greenwich has been granted, subject to the following:

 

1.         The development in the following drawing numbers:-

 

·    01, 02, 04 - 11, Issue B -2, dated 23.9.14 and as amended up to 12.3.15,

                       by Marretta Design; and

 

·    L - 01, revision E, dated 3.11.14, by EcoDesign,

 

   be amended as per the following requirements:

 

2.         The reduction in the depth of the front first floor level balcony off the sitting room by 900mm to be flush with the existing front wall of bedroom 2.

 

3.         The main roof over the two storey section of the dwelling house to be changed from a hipped roof to a flat roof with a maximum overall height no greater than RL 85.8.

 

4.         Confirmation that there would be no structure, or landscaping, exceeding 900mm in height within a 1m x 1m splay on either side of the driveway entrance to the site.

 

Plans that address points 1 - 4 inclusive under Part A above are to be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until Council has confirmed in writing that the matters required under points 1 - 4 above have been provided and are satisfactory.

 

 

CONDITIONS OF CONSENT – Part B

 

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

 

Plans

 

1.       (20) That the development be strictly in accordance with revised drawings (numbers to be inserted at a later date) that address all of the requirements under Part A above except as amended by the following conditions.

 

Specific

 

2.       In order to retain existing city views from the adjoining dwelling house at 16A Bellevue Avenue, no tree is to be planted in the front yard with a height at maturity that would exceed 5m.

 

General                         

 

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

 

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

 

5.         (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.

 

6.         (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.

 

7.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house.

 

 

8.         (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.

 

A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number,  project manager or site foreman, shall be displayed at the front of the site.

           

9.         (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

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

 

14.       (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 dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;

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

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

f)          Waterproofing of wet areas;

i)          Stormwater drainage lines prior to backfilling; and

k)         Completion.

 

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

 

b)         Retaining walls;

c)         Footings;

d)         Reinforced concrete work;

e)         Structural steelwork; and

f)          Upper level floor framing.

 

16.       (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.

 

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

 

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

 

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

 

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

 

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

 

21.       (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.

 

22.       (67) 

 

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

 

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

 

(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.

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in:-

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

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

(b)        Smoke alarms complying with AS 3786; and

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        Any storey containing bedrooms:

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

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

(b)        Any other storey not containing bedrooms.

 

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

 

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

 

28.       (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.

 

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

 

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

 

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

 

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

 

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

 

34.       (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.

 

35.       (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.

 

36.       (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.

 

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

 

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

 

Trees    

 

39.     (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.

 

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

 

Engineering             

 

41.     (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.

 

42.     (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.

 

43.     (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.

 

44.     (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.

 

45.     (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.

 

46.     (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.

 

47.     (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

48.     (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.

 

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

 

50.     (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:-

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

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

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

·    Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

Engineering conditions to be complied with prior to Construction Certificate

 

51.       (D3) Drainage Construction: The stormwater drainage, and sediment and erosion control,  on the site are to be constructed generally in accordance with drawing numbers C00.01, C01.01, C01.02, C02.01, C02.02 and C02.03, Revision B, dated 29.10.14, by Engineering Studio.

 

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with AS 3500 and Part O of Council's DCP - Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

 

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans 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.

 

52.       (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.

 

53.       (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 shall be determined by Council.

 

54.       (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 principal certifying authority prior to the issue of the Construction Certificate; and

 

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

 

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

 

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

55.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 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

 

56.       (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

 

57.       (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.

 

58.       (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.

 

 

The Panel’s decision was unanimous.

 

 

Sec 96 Application 63 Northwood Road

 

DETERMINATION

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Section 96 modification application for development consent D225/10 granted on the 11th January 2011 and subsequently modified on the 20th February 2014 for alterations and additions, including a first floor level, an attached carport and front fence on Lot 71 DP 58263 and known as 63 Northwood Road, Northwood, is refused for the following reason:

 

1.         Unacceptable impact on the amenity of the joining property at 65 Northwood Road, Northwood.

 

 

 

The Panel’s decision was unanimous.

 

 

Proposed dwelling and secondary dwelling at 26A Henley Street Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Development Application DA7/15 for a new two storey dwelling with a detached single storey secondary dwelling on Lot 2 DP 1185373 No 26A Henley Street Lane Cove, has been refused for the following reasons:-

 

Aims of the Lane Cove Local Environmental Plan 2009

 

1.         The development application should be refused as the proposed development does not accord with clause 1.2 (2)(b),(c) and (f) of the Lane Cove Local Environmental Plan 2009 (“Lane Cove LEP 2009”) in respect of the aims of the Lane Cove LEP 2009.

 

Particulars

 

a.   Clause 1.2 (2) (b) (c) and (f) of the Lane Cove LEP 2009 provides as follows:

 

1.2(2) The particular aims of this Plan are as follows:

 

(b) to preserve and , where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community,

 

(c) in relation to residential development, to provide a housing mix and density

that:

 

(i)Accords with urban consolidation principles, and

(ii) Is compatible with the existing environmental character of the locality, and

(iii)Has a sympathetic and harmonious relationship with adjoining development

 

(f)In relation to conservation

 

(i)         To protect, maintain and effectively manage public and privately-owned water courses and areas of riparian land, foreshores and bush land and, where possible, restore them to as close a state to natural as possible, and

(ii)        To ensure that development does not adversely affect the water quality or ecological systems of riparian land or other areas of natural environment, and

(iii)       To control all new buildings to ensure their compatibility with surrounding existing built form and natural environmental character and

(iv)      To conserve heritage items

 

b.   The proposal has a bulk and scale that does not accord with the aims of the Lane Cove LEP 2009 in that the proposal detracts from the character particularly inadequate landscape provision, removal of a significant tree being a Turpentine (Syncarpia glomulifera), separation from adjoining boundaries, amenity being the impact on the privacy of adjoining residential development and environmental quality of the land to which the Plan applies (Clause 1.2(2)(b)); is contrary to the existing environmental character of the locality (Clause 1.2(2)(c)(ii) and is not compatible with the surrounding existing built form and natural environmental character (Clause 1.2(2)(f)(iii)).

 

Objectives of the Lane Cove Development Control Plan

 

2.         The development application should be refused because the proposed development does not accord with the objectives of Part C1 Residential Development Lane Cove Development Control Plan.

 

             Particulars

            

(a)  Clause 1.1 The objectives for dwelling houses and dual occupancies are to:-

 

1.   Provide dwellings in landscape lots;

2.   Ensure new dwellings and alterations and additions to existing dwellings are well designed and compatible with the surrounding context and enhance the streetscape within the area; and

3.   Achieve a reasonable level of amenity for both development and neighbouring dwellings.

 

            The proposal is not considered to be compatible with the surrounding context within the area and the proposal does not allow for a reasonable level of amenity to the adjoining residential dwellings due to the bulk and scale of the development together with the opportunity for overlooking and privacy impact to neignbouring residential premises.

 

            The proposal does not meet with the Objectives of the Clause.

 

(b)  Clause 1.4.2 Side and rear fences

 

Side fences behind the building line are to be a maximum of 1.8 m above ground level

 

            The fence adjoining the northern boundary is proposed to be located above a new retaining wall (varying in height between 1.1 and 1.4 m) and be provided with a 1.8 m timber fence above the retaining walls. The maximum height of the proposed dividing fence on the north side of the common boundary would be up to 3.2 m in height and exceed the control standard of 1.8 m.

 

(c)  Clause 1.5 Landscape area

                  

                   The objectives for landscape area are:-

 

1.   To provide privacy and amenity;

2.   To retain and provide for significant vegetation, particularly large and medium size   trees and to provide continuous vegetation corridors;

3.   To conserve significant natural features of the site; and

4.   To assist with on-site storm water management.

 

            The application has not been supported with a landscape plan and the available area is less than the 35% control requirement and the proposal requires the removal of a Turpentine Tree that Council considers should be retained as being significant.

 

            The proposal does not meet with the Objectives in 1 and 3 of the Clause.

 

(d)  Clause 1.7 Building Design

 

                   The objectives are to:-

 

1.   Ensure new dwellings and alterations and additions to existing dwellings reinforce the typical bulk and scale of existing dwellings within the street and the area;

2.   Ensure alterations and additions to existing dwellings maintain the integrity of the design and style of the existing building;

3.   Ensure elevations to the street and public domain are well proportioned and designed; and

4.   Minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of view and amenity.

 

            The design of the principal dwelling has windows and a balcony on the first floor north elevation that provide direct viewing opportunities to the adjoining residential properties and thus impact on the privacy to the existing open space. The set back between the adjoining common property boundaries is minimal and this contributes to the privacy impact being unacceptable.

 

            The proposal does not meet with the Objectives in 1 and 4 of the Clause.

 

(e)  Clause 1.8 Amenity

             

                The objectives for amenity are to:-

 

1.   To provide reasonable solar access to habitable rooms and recreational areas of new and existing developments;

2.   To provide reasonable acoustic and visual privacy for neighbouring properties; and

3.   Minimise overlooking between adjoining dwellings and their private open spaces.

 

            The design of the principal dwelling has windows and a balcony on the first floor north elevation that provide direct viewing opportunities to the adjoining residential properties and thus impact on the privacy to the existing open space. The set back between the adjoining common property boundaries is minimal and this contributes to the privacy impact being unacceptable.

 

            The proposal does not meet with the Objectives in 2 and 3 of the Clause.

 

Section 79 C Environmental Planning and Assessment Act 1979

 

Public Interest

 

3.         The development application should be refused because it does not meet with the Aims of the Lane Cove Development Control Plan 2009 for a Residential Development and its approval would not be in the Public Interest.

 

            The development application should be refused because it does not meet with the Lane Cove Development Control Plan Objectives in Part C Residential Development and its approval would not be in the Public Interest.  

 

2

The Panel’s decision was unanimous.

 

 

 

 

The meeting closed at 6.15pm.

 

 

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